THE  ILLINOIS  SCHOOL  LAW, 


1872-^883. 


AN  ACT  TO  ESTABLISH  AND  MAINTAIN 


System  of  Free  Schools, 


APPEOVED  APEIL  1,  1872, 


Including  Amendments  made  up  to  1883,  and  other  Acts  Eelati\'e  to 
Schools  and  School  Officers,  with  an  Appendix  containing 
Acts  Establishing  State  Normal  Schools,  and  Pro- 
viding FOR  County  Normal  Schools,  and  In- 
dustrial Schools  for  Boys  and  Girls. 


SPRINGFIELD: 
H.  W.  RoKKEK,  State  Peinteb  and  Binder. 

1883. 


TABLE  OF  CONTENTS. 


Page. 


EXTEACT  FROM  THE  CONSTITUTION   5 

ACT  OF  1872,  AS  AMENDED.  1874-1883: 

State  Supebintendent  of  Public  Instruction: 

Elootion   7 

Oath— bond— office   7 

Report  to  governor  ,   8 

To  make  rules  and  regulations    8 

Legal  advice  of  school  oliQcers   9 

Compensation   9 

To  visit  state  charitable  institutions  that  are  educational   66 

"County  Supebintendents  of  Schools: 

Election   9 

Oath— bond   9 

Liability  to  removal   10 

Report  to  county  board     11 

To  pass  upon  township  treasurer's  bonds  —  11 

^         Apportionment  of  funds   11 

1^         Report  to  State  Superintendent   12 

To  visit  schools   12 

^         To  advise  school  officers  and  teachers   12 

i*>        To  examine  treasurer's  accounts   13 

To  examine  teachers   35 

To  hold  institutes   37 

3e        Compensation   70 

*2  "Trustees  of  Schools: 

Election   15 

Semi-annual  meetings   17 

Organization  and  appointment  of  treasurer.  ..^   17 

Change  of  district  boundaries   18 

Cj-^         Division  of  district  property  in  case  of  change  of  boundaries   21 

•t<Mi         Distribution  of  funds   23 

Establishment  of  township  high  schools   24 

Report  to  county  superintendent   25 

To  hold  the  title  to  school  property   26 

May  protect  the  school  funds  by  purchase  of  real  estate   27 

^       School  DiEECTOBs: 

U          Election    28 

Organization— records    28 

■            Meetings   29 

^          Report  to  township  treasurer    29 

Levying  taxes   30 

Borrowing  money   32 

General  powers  and  duties   33 

Filing  schedules  with  township  treasurer  40 

Judgments  and  Executions  against  Trustees  and  Directobs: 

Payment  enforced  by  attachment,  or  by  mandamus  „    35 

Teachers  of  Public  Schools: 

Examination  by  county  superintendents   35 

State  certificates   36 

To  keep  registers   38 

To  make  out  schedules   88 

Wages  payable  monthly   40 

Unpaid  balances  draw  interest   40 

School  month   40 

Holidays   40 

Township  Teeasuber: 

Appointment   17 

Bond     41 

Accounts,  and  record  of  notes,  etc     42 

Loans  of  school  moneys   43 

Semi-annual  and  annual  statements  to  the  trustees   45 

Semi-  annual  statements  to  the  directors   46 

Liability  for  failure  to  perform  the  duties  of  his  oflQce   46 

To  turn  over  moneys,  books,  etc.,  to  his  successor....-     47 


4 


Page, 


Township  and  County  School  Funds: 

Principal  to  remain  intact   47 

Interest  to  be  distributed   47 

District  School  Moneys: 

Manner  of  disbursement...   47 

Orders— receipts  .•   4ii 

Common  School  Fund: 

Consists  of  what   48- 

Distribution  by  state  auditor   48 

Compensation  or  Officeks: 

Collectors  of  iwo-mill  tax   49 

County  superintendents  of  schools  49,70 

Township  treasurers   50 

Clerks  of  boards  of  directors   2^ 

Liabilities  of  School  Officers: 

Conversion  of  school  funds   50 

Trustees  liable  for  sufficiency  of  treasurers*  securities   50- 

Lien  on  real  estate  of  school  officers   50 

For  failure  to  make  reports   50 

For  loss  of  school  funds     51 

For  perversion  of  school  funds  to  sectarian  u=es   51 

For  being  interested  in  the  sale  of  school  books,  etc   52" 

Costs  in  suits  to'  protect  School  Fund   52 

Cities  and  Towns  with  Special  Charters: 

Special  acts  not  repealed  or  changed   52 

Eeports   52 

May  organize  under  the  general  law   55 

Colleges.  Academies,  and  other  Incorporated  Schools  to  make  reports   53 

Incorporated  Cities  and  Villages  without  Special  Charters: 

Boards  of  education  in  cities  with  over  2,  OOo  inhabitants   53 

Boards  of  education  in  cities  with  over  100,000  inhabitants   56 

Common  School  Lands   58; 

Trespass  thereon   59 

Fines  and  Forfeitures: 

Payment  of,  enforced   59 

How  reported  to  the  county  superintendent   (50 

Common  School  Lands— Sale   GO 

Acts  Repealed   64 

ADDITIONAL  ACTS  PERTAINING  TO  THE  PUBLIC  SCHOOLS: 

« 

Women  as  School  Officers  —   65 

Rights  of  Colored  Children   65 

State  Charitable  Institutions   66 

Granting  the  Right  of  Way  to  Railroads   66 

Legalizing  School  Districts  in  certain  cases   66 

Rental  of  School  Lands   67 

Boards  of  Education  Appointed  in  certain  cases   67 

Payment  of  Funds  to  School  Treasurers     68 

Custodians  of  Funds  to  Publish  Statements   69 

County  Superintendent's  Compensation   70 

Districts  with  Four  Hundred  Inhabitants   70 

Refunding  School  Indebtedness— Bonds  Registered  with  the  State  Auditor  71 

Refunding  School  Indebtedness— Bonds  not  registered   79 

School  Orders— Against  funds  on  hand— Against  taxes  levied   80 

Sinking  Funds   81 

Loaning  School  Funds  under  special  charters   82 

Educational  Rights  OF  CHii^pjtEN  ,    82 

• 

APPENDIX: 

Act  establishing  State  Normal  University,  Normal   84 

Act  establishing  Southern  Normal  University,  Carbondale   87 

Act  fob  the  establishment  of  County  Normal  Schools   91 

Act  for  the  establishment  of  Industrial  Schools  for  Girls..   93 

Act  for  the  establishment  of  Industrial  Schools  for  Boys   97 

INDEX   102 


EXTRACT  FROM  THE  CONSTITUTION  OF  ILLINOIS. 


ARTICLE  Vni. 

EDUCATION. 

Section  1.  The  General  Assembly  shall  provide  a  thorough  and 
efficient  system  of  free  schools,  whereby  all  children  of  this  State  may 
receive  a  good  common  school  education. 

§  2.  All  lands,  moneys,  or  other  property,  donated,  granted  or  re- 
ceived for  school,  college,  seminary  or  university  purposes,  and  the 
proceeds  thereof,  shall  be  faithfully  applied  to  the  objects  for  which 
such  gifts  or  grants  were  made. 

§  3.  Neither  the  General  Assembly  nor  any  county,  city,  town, 
township,  school  district,  or  other  public  corporation,  shall  ever  make 
any  appropriation  or  pay  from  any  public  fund  whatever,  anything 
in  aid  of  any  church  or  sectarian  purpose,  or  to  help  support  or 
sustain  any  school,  academy,  seminary,  college,  university,  or  other 
literary  or  scientific  institution,  controlled  by  any  church  or  secta- 
rian denomination  whatever';  nor  shall  any  grant  or  donation  of 
land,  money,  or  other  personal  property  ever  be  made  by  the  State 
or  any  such  public  corporation,  to  any  church,  or  for  any  sectarian 
purpose.  * 

§  4.  No  teacher.  State,  county,  township,  or  district  school  officer 
shall  be  interested  in  the  sale,  proceeds  or  profits  of  any  book,  appa- 
ratus or  furniture,  used  or  to  be  used,  in  any  school  in  this  State, 
with  which  such  officer  or  teacher  may  be  connected,  under  such 
penalties  as  may  be  provided  by  the  General  Assembly. 

§  5.  There  may  be  a  county  superintendent  of  schools  in  each 
county,  whose  qualifications,  powers,  duties,  compensation  and  time 
and  manner  of  election,  and  term  of  office,  shall  be  prescribed  by 
law. 


Digitized  by  the  Internet  Archive 
in  2015 


https://archive.org/details/illinoisschoollaOOilli_0 


TO  ESTABLISH  AND  MAINTAIN  A  SYSTEM  OF 


FREE  SCHOOLS. 


Section  1.    Be  it  enacted  by  the  People  of  the  State  of 
Illinois,  represented  in  the  General  Assembly  : 

STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION — HIS  ELECTION 

AND  DUTIES. 

That  at  the  election  to  be  held  on  Tuesday  after  the  Timeofeiec- 
first  Monday  of  November,  in  the  year  of  our  Lord  one^'^^- 
thousand  eight  hundred  and  seventy-four,  and  quadreiniialiy 
thereafter,  there  shall  be  elected,  by  tbe  legal  voters  of 
this  State,  a  State  Superintendent  of  Public  Instruction, 
who  shall  hold  his  oftioe  lor  four  years  from  ihe  ye'conil  rpg^.^^^^  ^^j^q 
Monday  in  January  next  after  his  election,  and  unii;  bis 
succesbor  is  duly  elected  and  qualitied. 

§  '2.  Before  entering  upon  his  duties  he  shall  take  and  Oath  and 
subscribe  tlie  oalh  of  office  prescribed  by  the  constiiuTr .u, 
and  sh  ill  also  execute  a  bond,  in  the  penalty  of  t we  ■ 
five  thousand  dollars,  payable  to  the  State  of  Illinois,  vs  ui 
securities  to  be  approved  by  the  Goveriiof,  condiiioueil  i.^r 
the  prompt  discharge  of  his  duties  as  Supeiintendeui  ui 
Public  Instruction,  and  for  the  faithful  appiieaMon  hmu 
disposition,  according  to  law,  of  all  scbool  modtys  tlia^ 
may  come  inlo  his  hands  by  \inue  of  his  othi-e.  Said 
bond  and  oaih  shall  be  deposited  with  the  Senietaiy  of 
^tate,  and  an  action  may  be  maintained  thereon  by  the 
State,  at  any  time,  for  a  breach  of  tbe  condiMons  ihere^i. 

§  3.  *It  shall  be  his  duty  to  keep  an  office  at  the  sea  Place  and 
of  government  of  the  btaie,  and  to  hie  all  papers,  e^^.t  keSpini" office 
and  public  documents  transmitted  to  him  by  tne  s  .i*  oi. 
officers  of  the  several  counties,  each  year  separaleiy.  .;n  i 
to  keep  and  preserv^e  all  other  pub  ic  documeuos,  -'Xfks 
and  papers  relative  to  schojls,  coming  into  nis  hands  as 
State  Superintendent,  and  to  hold  ihe  same  in  readme.-^s 
to  be  exhibited  to  the  Governor,  or  to  any  comminee  of 
either  house  of  the  General  Assembly;  and  shall  keep  a 
fair  record  of  all  matters  pertaining  to  the  business  ol  his 
office.  -  1 


8 


§  4.  lie  shall,  without  delay,  pay  over  all  sums  of 
money  which  may  come  into  his  hands  by  virtue  of  his 
office,  to  the  officer  or  person  entitled  to  receive  the 
same,  in  such  manner  as  may  be  prescribed  by  law. 

§  5.  He  shall  counsel  and  advise,  in  such  manner  as 
he  may  deem  most  advisable,  with  experienced  and  prac- 
tical school  teachers,  as  to  the  best  manner  of  conduct- 
ing common  schools. 

counf^su^  er^  §  ^'  ^^^^  Superintendent  shall  have  the  supervision  of 
futende!itsf ^'  all  the  common  and  public  schools  in  the  State  and  shall 
be  the  general  adviser  and  assistant  of  county  superin- 
tendents of  schools  in  this  State ;  he  shall  from  time  to 
time,  as  he  shall  deem  for  the  interests  of  schools,  ad- 
dress circular  letters  to  said  superintendents,  giving  ad- 
vice as  to  the  best  manner  of  conducting  schools,  con- 
structing school  houses,  furnishing  the  same,  examining 
and  procuring  competent  teachers. 

Repoi-t  to  §  7.  Said  State  Superintendent  shall,  on  or  before  the 
Governor.  ^^y.      November  preceding  each  regular  session  of 

the  General  Assembly,  report  to  the  Governor  the  condi- 
tion of  the  schools  in  the  several  counties  of  the  State; 
the  whole  number  of  schools  which  have  been  taught  in 
each  county  in  each  of  the  preceding  years,  commencing 
on  the  first  of  July ;  what  part  of  said  number  have  been 
taught  by  males  exclusively,  and  what  part  by  females 
exclusively ;  what  part  of  said  whole  number  have  been 
taught  by  males  and  females  at  the  same  time,  and  what 
part  by  males  and  females  at  different  periods ;  the  num- 
l3er  of  scholars  in  attendance  at  said  schools ;  the  num- 
ber of  persons  in  each  county  under  twenty-one  years  of 
age,  and  the  number  of  such  persons  between  the  ages  of 
twelve  and  twenty-one  years  that  are  unable  to  read  and 
write ;  the  amount  of  township  and  county  funds ;  the 
amo7jnt  of  the  interest  of  the  State  or  common  school 
fund,  and  of  the  interest  of  the  township  and  the  county 
fund  annually  paid  out ;  the  amount  raised  by  an  ad 
valorem  tax;  the  whole  amount  annually  expended  for 
schools ;  the  number  of  school  houses,  their  kind  and 
condition ;  the  number  of  townships  and  parts  of  town- 
ships in  each  county;  the  number  and  description  of 
books  and  apparatus  purchased  for  the  use  of  schools  and 
school  libraries  under  the  provisions  of  this  act,  the  price 
paid  for  the  same,  and  total  amount  purchased,  and  what 
quantity  and  how  distributed;  and  the  number  and  con- 
dition of  the  libraries,  together  with  such  other  informa- 
tion and  suggestions  as  he  may  deem  important  in  rela- 
tion to  the  school  laws,  schools,  and  the  means  of  pro- 
moting education  throughout  the  State;  which  report' 
shall  be  laid  before  the  General  Assembly  at  each  regu- 
lar session.  [As  amended  by  an  act  approved  June  3, 
1879.] 

To  make  rules    §  8.    The  Said  State  Superintendent  of  Public  Instruc- 
tion shall  make  such  rules  and  regulations  as  may  be 


9 


necessary  and  expedient  to  carry  into  efficient  and  uni- 
form elfect  the  provision^  of  this  act,  and  of  all  the  laws 
which  now  are  or  may  hereafter  be  in  force  for  estab- 
lishing and  maintaining  free  schools  in  the  State ;  and 
shall  be  the  legal  adviser  of  all  school  officers,  and  when  ,^^^9^ J®  ^pai 
requested  by  any  such  school  officer,   shall   give  his  school 
opmion  in  writing  upon  any  question  arising  under  the^®°®^^* 
school  laws  of  this  State. 

§  9.  The  said  State  Superintendent  shall  have  power  to  May  canse 
direct  and  cause  the  county  superintendent  of  any  county,  ^Shheid? . 
directors  or  boards  of  trustees  or  township  treasurer  of  any 
township,  or  other  school  officer,  to  withhold  from  any 
officer,  township,  district  or  teacher,  any  part  of  the  com- 
mon school,  or  township,  or  other  school  fund,  until  such 
officer,  township  treasurer  or  teacher  shall  have  made  all 
schedules,  reports  and  returns  required  of  him  by  this 
act,  and  until  such  officer  shall  have  executed  and  filed 
all  official  bonds  and  accounted  for  all  common  school  or 
township  or  other  school  funds  which  have  heretofore 
come  into  his  hands,  as  required  of  him  by  this  act. 

§  10.  And  the  said  State  Superintendent  shall  receive  Salary  and  of- 
annually,  such  sum  as  may  be  provided  by  law,  as  a 
salary,  for  the  services  required  under  the  provisions  of 
this  act,  or  any  other  law  that  may  be  passed,  and  also 
all  necessary  contingent  expenses,  for  books,  postage 
and  stationery  pertaining  to  his  office,  to  be  audited  and 
paid  by  the  State,  as  the  salaries  and  contingent  expenses 
of  other  officers  are  paid. 

COUNTY  SUPERINTENDENTS — THEIR  ELECTION  AND  DUTIES. 

§  11.  On  the  Tuesday  next  after  the  first  Monday  in  Time  of  eiec- 
November,  1882,  and  every  four  (4)  years  thereafter,  there 
shall  be  elected  by  the  qualified  voters  of  every  county 
in  this  State,  a  county  superintendent  of  schools,  who 
shall  perform  the  duties  required  by  law,  and  shall  enter 
upon  the  duties  of  his  office  on  the  first  Monday  of 
December  after  his  election.  He  shall,  before  entering  oath  and 
upon  his  duties,  take  the  oath  prescribed  by  the  constitu-  bond, 
tion,  and  execute  a  bond  payable  to  the  State  of  Illinois, 
with  two  (2)  or  more  responsible  freeholders  as  security, 
to  be  approved  by  the  county  board,  or  judge  and  clerk 
of  the  county  court,  in  penalty  of  not  less  than  $12,000, 
to  be  increased  at  the  discretion  of  said  board,  conditioned 
that  he  will  faithfully  perform  all  the  duties  of  his  office 
according  to  the  laws  which  are  or  may  be  in  force,  by 
which  bond  the  obligors  shall  be  bound  jointly  and  sev- 
erally, and  upon  which  an  action  or  actions  may  be 
maintained  by  the  board  of  trustees  of  the  proper  town- 
ship, for  the  benefit  of  any  township  or  fund  injured  by 
any  breach;  and  the  county  board  of  each  of  the  coun- 
ties of  this  State  shall,  in  the  month  of  December,  A.  D. 
1881,  appoint  a  county  superintendent  of  schools,  who 


10 


shall  be  the  successors  in  office,  respectively,  of  the 
county  superintendents  of  schools  then  m  office,  and  the 
term  of  office  of  the  then  officers  so  appointed  shall  be 
one  (1)  year  and  until  the  election  and  qualification  of 
their  successors.  TAs  amended  by  an  act  approved  May 
31,  1881.1 

§  12.    The  bond  required  in  the  foregoing  section  shall 
.  be  in  the  following  form,  viz : 

State  of  Illinois,  I  „_ 
  Comtly.  S^^' 

■Pnrm  nf  honrl     Know  all  men  by  these  presents,  that  we,  A  B,  G  D  and  E  F.  are  held  and 
jormoi  uonu.  flj-mly  bound,  jointly  and  severally,  unto  the  People  of  the  State  of  Illinois, 
in  the  penal  sum  of  dollars,  to  the  payment  of  which  we  bind  our- 
selves, our  heirs,  executors  and  administrators,  firmly  by  these  presents. 

In  witness  whereof  we  have  iiereunto  set  our  hands  aud  seals,  this  day 

of  A.  D.  18.. 

The  condition  of  the  above  obligation  is  such,  that  if  the  above  bounden 
A  B,  county  superintendent  of  the  county  aforesaid,  shtdi  faithfully  dis- 
charge all  the  duties  of  said  ol?ice,  according  to  the  laws  which  now  are  or 
may  hereafter  be  in  force,  and  shall  deliver  over  to  his  successor  in  office 
all  moneys  books,  papers  aud  property  in  his  hands,  as  such  county  super- 
intendent, then  this  obligation  to  be  void:  otherwise  to  remain  in  full  force 
and  virtue. 

A  B,  [SEAL.] 
C  D,  [SEAL.] 
E  F.  LSEAL.] 

And  which  bond  shall  be  filed  in  the  office  of  the  county 
clerk. 

perintendent  §  13.  The  Said  Superintendent  shall  be  liable  to  removal 
mo\l\  county  board  for  any  palpable  violation  of  law  or 

omission  of  duty;  and  if  a  majority  of  said  board  shall 
Supervisors  at  any  time  be  satisfied  that  his  bond  is  insufficient,  it 
newbond^.^^^^^^^-'  <^*uty,  on  notice,  to  execute  a  new  bond,  to  be 

payable,  conditioned  and  approved  as  the  first  bond,  the 
execution  of  which  shall  not  affect  the  old  bond,  or  the 
liability  of  the  security  thereof ;  and  when  the  office  of 
Vacancies,  county  superintendent  shall  become  vacant  by  death,  res- 
ignation or  othervvise,  the  county  board  shall  fill  the  same 
by  appointment,  and  the  person  so  appointed  shall  hold 
his  office  until  the  next  election  of  county  officers,  at  which 
election  the  county  board  shall  order  the  election  of  a 
successor. 

Kecords       §  ^^^^  superintendent  shall    provide  three 

well  bound  books,  which  shall  be  paid  for  from  the  county 
treasury.    These  books  shall  be  known  and  designated  by 
the  letters  A,  B,  C,  for  the  following  purpose :    In  book 
Of  land  sales.  A  he  shall  record,  at  length,  all  petitions  presented  to  him 
for  the  sale  of  common  school  lands,  and  the  plats  and 
certificates  of  valuation  made  by  or  under  the  direction  of 
the  trustees  of  schools,  and  the   affidavits  in  relation  to 
the  same.     In  bookB,  he  shall  keep  an  account  of  all  sales 
of  common  school  lands ;  which  account  shall  contain  the 
date  of  sale,  name  of  purchaser,  description  of  land  sold 
and  the  sum  sold  for.    In  book  G,  he  shall  keep  a  regular- 
rece^iveXand  account  of  all  moneys  received  for  lands  sold,  or  other- 
of  Joans'^  and  wise,  and  loaned  or  paid  out;  the  person  ot  whom  re- 
secun  les.     reived,  and  on  what  account,  and  showing  whether  it  is 
principal  or  interest ;  the  person  to  whom  loaned,  the 
time  lor  which  the  loan  was  made,  the  rate  of  interest, 


11 


the  names  of  the  securities  when  personal  security  is 
taken,  or,  if  real  estate  is  taken  as  security,  a  description 
of  said  real  estate ;  and  if  paid  out,  to  whom,  when,  and 
on  what  account,  and  the  amount  paid  out ;  the  list  of  n 
sales  and  the  accounts  of  each  township  fund  to  be  kept 
separate.  The  county  superintendent  shall  report  in  writ-  ^oSnf  %oard 
ing  to  the  county  board,  at  their  regular  meeting  in  Sep-  ^^^^  ^ 
tember  each  year,  giving  first,  the  balance  on  hand  at 
the  time  of  the  last  report,  and  a  statement  in  detail  of 
all  receipts  since  that  date,  nnd  the  sources  from  which 
they  were  derived ;  second,  the  amount  paid  for  expenses ; 
third,  the  amount  of  his  commissions ;  fourth,  the  amount 
distributed  to  each  of  the  township  treasurers  in  his 
county ;  fifth,  any  balances  on  hand.  He  shall  also  pre- 
sent for  inspection  at  the  same  time  his  books  and  all 
notes  or  other  evidences  of  indebtedness  which  he  holds 
officially  with  the  securities  of  the  same ;  and  he  shall 
give  in  writing  a  statement  of  the  condition  of  the  county 
fund  and  of  any  township  funds  of  which  he  may  have 
the  custody.  [As  amended  by  an  act  approved  June  3, 
1879.] 

§  15.    Whenever  the  bond  of  any  township  treasurer,  ^  bond^of 
approved  by  the  board  of  trustees  of  schools,  as  required  township 
by  law,  shall  be  delivered  to  the  county  superintendent,  treasurer, 
he  shall  carefully  examine  the  same,  and  if  the  instru- 
ment is  found  to  be  in  all  respects  according  to  law,  and 
the  securities  good  and  sufficient,  he  shall  indorse  his 
approval  thereon,  and  file  the  same  with  the  papers  of 
his  office ;  but  if  said  bond  is  in  any  way  defective,  he 
shall  return  it  for  correction.    When  the  bond  shall  have 
been  duly  received  and  filed,  the  superintendent  shall,  on  (jeiiver 
demand,  deliver  to  said  township  treasurer  all  moneys,  moneys,  etc., 
bonds,  mortgages,  notes  and  securities,  and  all  papers  or  ^ 
every  description  belonging  to  said  township ;  and  the 
said  township  treasurer  shall  receipt  for  the  same,  which 
receipt  shall  be  carefully  filed  and  preserved  by  the  county 
superintendent,  and  shall  be  evidence  of  the  fact  therein 
stated. 

§  16.    Upon  the  receipt  of  the  amount  due  upon  the  Apportion- 
auditor's  warrant,  the  county  superintendent  shall  appor- menttotown- 
tion  said  amount  to  the  several  townships  and  parts^  of^^^^' 
townships  in  his  county,  in  which  townships  or  parts  of 
townships  schools  have  been  kept  in  accordance  with  the 
provisions  of  this  act  and  with  the  instructions  of  the 
State  and  county  superintendent,  according  to  the  num- 
ber of  children,  under  twenty-one  years  of  age,  returned 
to  him,  and  shall  pay  over  the  distributive  share  belong- 
ing to  each  township  and  fractional  township,  to  the 
respective  township  treasurers,  or  other  authorized  per- 
sons, annually :  Provided,  that  no  part  of  the  State,  county    Funds  not 
or  other  school  fund  shall  be  paid  to  any  township  treas-  to  be  paid  tm 
urer,  or  other  person  authorized  by  said  treasurer,  unless  ^^^^  ^®  ^ 
said  township  treasurer  has  filed  his  bond,  as  required 


to  the  treas- 
urer. 


12 


by  the  fifty- fifth  s.ection  of  this  act,  nor  in  case  said  treas- 
urer is  re-appointed  by  the  trustees,  unless  he  shall  have 
renewed  his  bond  and  filed  the  same  as  aforesaid. 

Report  to    §  17.    On  or  before  the  fifteenth  day  of  August  before 
fntende^nt^^^"  ^^^^  regular  session  of  the  General  Assembly,  or  annu- 
ally, if  so  required  by  the  State  Superintendent,  the 
county  superintendent  shall  communicate  to  said  State 
Superintendent  all  such  information  and  statistics  upon 
the  subject  of  schools  in  his  county  as  the  said  State  Super- 
intendent is  bound  to  embody  in  his  report  to  the  Gover- 
nor, and  such  other  information  as  the  said  State  Superin- 
Liabie  to  re- Pendent  shall  require;  and  any  county  superintendent  so 
movai.        failing  or  refusing  to  report,  shall  be  liable  to  removal 
by  the  county  board  for  such  neglect  of  duty.  [As 
amended  by  an  act  approved  June  3,  1879.] 

§  18.  The  county  superintendent,  upon  his  removal  or 
resignation,  or  at  the  expiration  of  his  term  of  service  (or 
in  case  of  his  death  his  representatives),  shall  deliver  over 
to  his  successor  in  office,  on  demand,  all  moneys,  books, 
papers  and  personal  property  belonging  to  the  office,  or 
subject  to  the  control  or  disposition  of  the  county  super- 
intendent. 

To  loaa    ^  county  Superintendent  may  loan  any  money, 

county  fund,  not  interest,  belonging  to  the  county  fund,  before  the 
same  is  called  for,  according  to  law,  by  the  township 
treasurer,  at  the  same  rate  of  interest,  upon  the  same 
security  and  for  the  same  length  of  time  as  is  provided  by 
Interest  a  -  ^^^^  relation  to  the  township  treasurers,  and  ap- 

portioned,    portion  the  interest  as  provided  in  section,  sixteen  of  this 
act ;  and  notes  and  mortgages  taken  in  the  name  of  the 
"county  superintendent"  of  the  proper  county,  are  hereby 
declared  to  be  as  valid  as  if  taken  in  the  name  of 
* 'trustees  of  schools"  of  the  proper  township,  and  suits 
Notes  and        be  brought  in  the  name  of  "county  superintendents," 
mortgages  in  on  alL  notes  and  mortgages  heretofore  or  hereafter  made 
his  favor.      payable  to  the  county  superintendents. 

§  20.    It  shall  be  the  duty  of  the  county  superintendent, 
To  visit  if  so  directed  by  the  county  board,  to  visit,  at  least  once 
schools.  each  year,  every  school  in  his  county,  and  to  note  the 

methods  of  instruction,  the  branches  taught,  the  text 
books  used,  and  the  discipline,  government  and  general 
condition  of  the  schools.    He  shall  give  such  directions 
in  the  science,  art  and  methods  of  teaching  as  he  may 
To  advise  deem  expedient  and  necessary,  and  shall  be  the  official 
c^e^r^s^  a^^d  adviser  and  constant  assistant  of  the  school  officers  and 
teachers.      teachers  of  his  county,  and  shall  faithfully  carry  out  the 
advice  and  instruction  of  the  State  Superintendent.  He 
shall  encourage  the  formation  ^nd  assist  in  the  manage- 
ment of  county  teachers'  institutes,  and  labor  in  every 
practicable  way  to  elevate  the  standard  of  teaching  and 
improve  the  condition  of  the  common  schools  of  his 
county.    In  all  controversies  arising  under  the  school  law, 
the  opinion  and  advice  of  the  county  superintendent  shall 


13 


first  be  sought,  whence  appeal  may  be  taken  to  the  State  gtatt^  sulJer- 
Superintendent,  upon  a  written  statement  of  facts,  certi-  intendent. 
fied  by  the  county  superintendent.    He  shall,  at  least 
once  each  year,  examine  all  books,  accounts,  and  vouch- 
ers of  each  township  treasurer  in  his  county;  and  if  j^^^^^i^JJ^- 
find  any  irregularities  in  them,  he  shall  at  once  report  of  township 
the  same  in  writing  to  the  board  of  trustees,  whose  duty 
it  shall  be  to  take  immediately  such  action  as  the  case 
demands.    He  shall  also  examine  all  notes,  bonds,  and 
mortgages,  and  other  evidences  of  indebtedness  which  the 
township  treasurer  holds  officially;  and  if  he  find  that 
the  papers  are  not  in  proper  form,  or  that  the  securities 
are  insufficient,  he  shall  so  state  in  writing  to  the  board 
of  trustees,  whose  duty  it  shall  be  to  take  at  once  such 
action  as  is  necessary  to  save  and  protect  the  property 
of  the  districts  and  the  townships ;  and  for  a  failure  or 
refusal  to  take  such  action  within  twenty  days  after  such 
notice,  the  members  of  the  board,  each  in  his  individuals^  be^lned^ 
capacity,  shall  be  liable  to  a  fine  of  not  less  than  twenty-five  ^ 
dollars  ($25),  nor  more  than  one  hundred  dollars  ($100),  to  be 
recovered  before  any  justice  of  the  peace,  on  information 
in  the  name  of  the  People  of  the  State  of  Illinois,  pro- 
vided such  insufficiency  is  proven,  and  when  collected,  to 
be  paid  to  the  county  superintendent  of  the  proper  county, 
for  the  use  of  schools ;  and  the  payment  of  this  fine  shall 
not  relieve  the  board  of  trustees  from  their  liability  under 
the  seventy-third  (73)  section  of  this  act.     [As  amended 
by  an  act  approved  June  3,  1879.] 

§  21.    In  all  cases  where  the  township  board  of  trustees^  Failure  of 
of  any  township  shall  fail  to  prepare  and  forward,  or  cause  furnish  statis- 
to  be  "'prepared  and  forwarded,  to  the  county  superin- 
t^ndent,  the  information  and  statistics  required  of  them 
in  this  act,  it  shall  be  the  duty  of  said  county  superin- 
tendent to  employ  a  competent  person  to  take  the  enu-  county  su- 
meration  and  furnish  said  statistical  statement,  as  far  as  to  "employ^  a 
practicable,  to  the  superintendent ;  and  said  person  so  em- competent 
ployed  shall  have  free  access  to  the  books  and  papers  of  sfatlsScs^ 
said  township,  to  enable  him  to  make  such  statement ; 
and  the  township  treasurer,  or  other  officer  or  person  in 
whose  custody  such  books  and  papers  may  be,  shall  per- 
mit said  person  to  examine  such  books  and  papers,  at 
such  times  and  places  as  such  person  may  desire  for  the 
purposes  aforesaid;  and  the  said  county  superintendent 
shall  allow,  and  pay  to  the  person  so  employed  by  him, 
for  the  services,  such  amount  as  he  may  judge  reason- 
able, out  of  any  money  which  is  or  may  come  into  said 
superintendent's  hands,  apportioned  as  the  share  of,  or 
belonging  to  such  township ;  and  the  said  county  super-  suit  against 
intendent  shall  proceed  to  recover  and  collect  the  ^^o^i^t  askidivMuals 
so  allowed  or  paid  for  such  services,  in  a  civil  action 
before  any  justice  of  the  peace  in  the  county,  or  before 
any  court  having  jurisdiction,  in  the  name  of  the  People 
of  the  State  of  Illinois,  of  and  against  the  trustees  of 


14 


schools  of  said  township,  in  their  individual  capacity ;  and 
in  such  suit  or  suits  the  said  county  superintendent  and 
township  treasurer  shall  be  competent  witnesses ;  and  the 
money  so  recovered,  when  collected,  shall  be  paid  over  to 
the  county  superintendent  for  the  benefit  of  said  town- 
ship, to  replace  the  money  taken  as  aforesaid. 

estate.*^^^^^^^^  §  When  any  real  estate  shall  have  been  taken  for 
debts  due  to  any  school  fund,  the  title  to  which  real  estate 
has  become  vested  in  any  county  superintendent  for  the 
use  of  the  inhabitants  of  one  or  more  townships,  or  of 
the  county,  the  county  superintendent  may  lease  or  sell 
such  real  estate  for  the  benefit  of  said  township  or  town- 
ships, or  of  the  county  under  the  provisions  of  section  No. 
forty-one  (41)  of  this  act  regulating  the  leasing  and  sales  of 
land  by  school  trustees.  Provided,  that  in  case  the  real 
estate  be  held  for  the  benefit  of  any  township  or  town- 
ships, it  shall  not  be  sold  except  upon  the  written  request 
■  of  school  trustees  of  said  township  or  townships ;  and  the 

said  superintendent  is  hereby  authorized  to  execute  con- 
veyances to  purchasers.  [As  amended  by  an  act  approved 
June  3,  1879.] 

TOWNSHIPS— TRUSTEES  OP  SCHOOLS. 

§  23.  Each  congressional  township  is  hereby  estab- 
lished a  township  for  school  purposes,  but  when  any 

ship.^^^^*^^^' f^^ctional  township  contains  less  than  forty  persons  under 
twenty-one  years  of  age,  the  trustees  thereof,  upon 
petition  of  a  majority  of  the  inhabitants  of  such  frac- 
tional township,  may,  by  agreement  entered  into  with  the 
board  of  trustees  of  any  adjacent  township,  consolidate 
the  territory,  school  funds  and  other  property  of  such  frac- 
^'raeti^onai  tional  township  with  such  adjacent  township,  and  thereaf- 

iDMv  \e  con-  ter  shall  cease  to  exercise  the  functions  of  school  trustees 

soiidated.  for  such  fractional  township ;  and  such  territory,  school 
funds  and  other  property  aforesaid  shall  thereafter  be 
managed  by  the  board  of  trustees  of  the  adjacent  and 
consolidated  township,  in  accordance  with  the  terms  of 
rpj.^g^ggg  ^  agreement  aforesaid,  in  the  same  manner  as  is  or  may 

body  politic,  be  provided  by  law  for  the  management  of  the  territory, 
funds  and  other  property  of  school  townships.  The  busi- 
ness of  the  township  shall  be  done  by  three  trustees,  to 
be  elected  by  the  legal  voters  of  the  township,  who,  upon 
their  election,  as  hereinafter  provided,  shall  be  a  body 
politic  and  corporate,  by  the  name  and  style  of  "trustees 

Term  of  office.  Qf  schools  of  townsLip . . . . ,  range....,"  according  to  the 
number.  The  said  corporation  shall  have  perpetual  exist- 
ence ;  shall  have  power  to  sue  and  be  sued,  to  plead  and 
be  impleaded  in  all  courts  and  places  where  judicial  pro- 
ceedings are  had.  Said  trustees  shall  continue  in  office 
three  years,  and  until  others  are  elected  and  enter  upon 
the  duties  of  their  office.  At  the  first  regular  election  of 
trustees,  after  the  passage  of  this  act,  a  successor  to  the 
trustee  whose  term  of  office  then  expires  shall  be  elected, 
and  thereafter  one  trustee  shall  be  elected  annually. 


15 


§  24.  No  person  shall  be  eligible  to  the  office  of  trus- .^Ag^  and  res- 
tee  of  schools,  unless  twenty-one  years  of  age,  and  a 
resident  of  the  township.  And  where  there  are  three  or 
more  school  districts  in  any  township,  no  two  trustees 
shall  reside,  when  elected,  in  the  same  school  district. 
[As  amended  by  an  act  approved  May  23,  1877.] 

§  25.  The  election  of  triistees  of  Fchcols  shall  be  on  Election, 
the  second  Saturday  in  April,  annually;  but  in  townships 
where  such  election  has  not  been  heretofore  had,  or 
where  there  are  no  trustees  of  schools,  the  election  of 
trustees  of  schools  may  be  holden  on  any  Saturday, 
notice  being  given  as  hereinafter  in  this  section  required. 
The  first  election  shall  be  ordered,  if  in  the  townships 
already  incorporated,  by  the  trustees  of  schools  of  the 
townships,  the  townshiiD  treasurer  giving  notice  of  the 
time  and  place  by  posting  notices  of  the  same  at  least 
ten  days  previous  to  the  day  of  election,  in  not  less  than 
five  of  the  most  public  places  in  the  township.  If  there 
are  no  trustees  of  schools  in  a  township,  the  county 
clerk  shall  cause  the  notice  to  be  given  as  aforesaid,  and 
in  such  case  the  trustees  elected  at  their  first  meeting 
shall  draw  lots  for  their  respective  terms  of  office  for  one, 
two  and  three  years,  and  thereafter  one  trustee  shall  be 
elected,  annually,  to  fill  the  vacancy  occurring.  For  all 
subsequent  elections,  the  like  notices  shall  be  given  by 
the  trustees  of  schools,  through  the  township  treasurer: 
Provided,  that  if  upon  any  day  appointed  as  aforesaid,  Judges  may 
for  election  aforesaid,  the  said  trustees  of  schools,  or  gi^Q^Q^/^  ^  ^ 
judges,  shall  be  of  opinion  that,  on  account  of  the  small 
attendance  of  voters,  the  public  good  requires  it,  or  if 
the  voters  present,  or  a  majority  of  them,  shall  desire  it, 
they  shall  postpone  said  election  until  the  next  Saturday, 
and  at  the  same  place  and  hour;  at  which  meeting  the 
voters  shall  proceed  as  if  it  were  not  a  postponed  or 
adjourned  meeting:  And,  provided,  also,  that  if  notice  Election  on 
shall  not  have  been  given  as  above  required,  then,  and 
in  that  case,  sai  d  election  may  be  ordered  as  aforesaid, 
and  holden  on  the  first  Saturday  in  May,  or  any  other 
Saturday,  notice  thereof  being  given  as  aforesaid:  And, 
provided,  also,  that  if  the  township  treasurer  shall  fail  or 
refuse  to  give  notice  of  the  regular  election  of  trustees, 
as  aforesaid,  and  if,  in  case  of  a  vacancy,  the  remaining 
trustee  or  trustees  shall  fail  or  refuse  to  order  an  elec- 
tion to  fill  such  vacancy,  as  required  in  section  twenty- 
nine  of  this  act,  then,  and  in  each  case,  it  shall  be  the 
duty  of  the  county  superintendent  to  order  an  election  e^intende^it 
of  trustees  to  fill  such  vacancies,  as  aforesaid;  and  all  to  order  eiec-- 
elections  so  ordered  and  held  shall  be  valid  to  all  in- 
tents  and  purposes  whatever. 

§  26.    The  trustees  of  schools  of  incorporated  townships,   Judges  of 
present,  shall  act  as  judges,  and  choose  a  person  to  act  as 
clerk  of  said  election.    If  said  trustees  (or  any  of  them) 
shall  fail  to  attend,  or  refuse  to  act  when  present,  the 


16 


electors  present  shall  choose  from  their  own  number  such 
additional  judges  as  may  be  necessary;  and  in  townships 
unincorporated,  the  qualified  voters  present  shall  choose 
from  amongst  themselves  the  number  of  judges  required 
to  open  and  conduct  said  election. 

elections.^  §  27.  The  time  and  manner  of  opening,  conducting 
and  closing  said  election,  and  the  several  liabilities  apper- 
taining to  the  judges  and  clerks,  -and  to  the  voters  sep- 

eiections^^^^^  collectively,  and  the  manner  of  contesting 

said  election,  shall  be  the  same  as  prescribed  by  the  gen- 
eral election  laws  of  this  State  defining  the  manner  of 
electing  magistrates  and  constables,  so  far  as  applicable, 
subject  to  the  provisions  of  this  act :  Provided,  that  said 
election  may  commence,  if  so  specified  in  the  notice,  at 
any  hour  between  the  hours  of  eight  (8)  A.  M.  and  one 
Poiismay  be  (1)  P.  M.,  and  the  judges  may  close  said  election  at  four 

o'cfock^p.^M!^  •    ^^<^j  provided,  farther,  that  in  townships  where, 

for  general  elections,  there  is  more  than  one  (1)  polling 
place,  the  trustees  shall  give  notice  that  at  each  of  said 
More  than  polling  places  a  poll  will  be  opened  for  such  election,  in 

place. '^^^  which  case  at  least  one  (1)  of  said  trustees  shall  attend 
at  each  of  said  places,  and  additional  judges  shall  be 
chosen  as  provided  in  section  twenty-six  (26)  of  the  act 
to  which  this  is  an  amendment ;  should  the  polUng  places 
be  in  excess  of  the  number  of  trustees,  then  the  voters  at 
such  polling  places  so  in  excess  shall  select  from  their 
number  the  requisite  number  of  voters,  who  shall  act  as 
judges  of  said  election,  in  the  manner  provided  by  said 
section  twenty-six  (26).  And  in  counties  adopting  town- 
ship organization,  in  each  and  every  township  whose 
Eiocti     boundaries  coincide  and  are  identical  with  those  of  the 

when  town- town,   as  established  under  the  township  organization 

asTown.^^"^^ trustee  or  trustees  shall  be  elected  at  the  same 
time  and  in  the  same  manner  as  the  town  officers ;  and  all 
elections  heretofore  held  at  such  time  and  in  such  man- 
ner in  such  townships  are  hereby  legalized.  And  in  all 
such  townships,  if  no  trustees  are  elected  at  the  stated 
town  meeting,  and  when  vacancies  occur  in  the  board, 
an  election  of  trustee  or  trustees  shall  be  ordered  by  the 
trustees  of  schools,  through  the  township  treasurer,  as 
provided  in  the  twenty-fifth  (25th)  section  of  this  act.  [As 
amended  by  an  act  approved  May  31,  1881.] 

+j^r.?J^f^iS2ro  ^  28.  No  person  shall  vote  at  said  election,  nor  at  any 
other  election  held  m  pursuance  or  the  provisions  or  this 
act,  unless  he  possesses  the  qualifications  of  a  voter  at  a 

Tie.  general  election.    In  case  of  a  tie  at  such  election,  it 

shall  be  determined  by  lot,  on  the  day  of  election,  by  the 
judges  thereof. 

Vacancies.  §  29.  When  a  vacancy  or  vacancies  shall  occur  in  the 
board  of  trustees  of  schools,  the  remaining  trustee  or 
trustees  shall  order  an  election  to  fill  such  vacancy,  upon 
any  Saturday,  notice  to  be  given  as  required  in  section 
twenty-five  hereof. 


17 


§  30.    Upon  the  election  of  trustees  of  schools,  the 
judges  of  the  election  shall,  within  ten  (10)  days  thereafter,  Poll- book, 
cause  a  copy  of  the  poll -book  of  said  election  to  be  de- 
livered to  the  county  superintendent  of  the  county,  with 
a  certificate  thereon,  showing  the  election  of  said  trustees 
and  names  of  the  persons  elected ;  which  copy  of  the  poll- 
book  with  the  certificate,  shall  be  filed  by  said  superin- 
tendent and  shall  be  evidence  of  such  election.     For  failure 
to  deliver  such  copy  of  the  poll-book  and  certificate  within  p^^j^^j.^ 
the  time  prescribed,  the  judges  shall  be  liable  to  a  penalty  deiiW  poii- 
of  not  less  than  twenty-five  dollars  (.^25)  nor  more  than  one 
hundred  dollars  ($100),  to  be  recovered  in  the  name  of  the 
People  of  the  State  of  Illinois,  by  action  of  assumpsit, 
before  any  justice  of  the  peace  of  the  county ;  which  pen- 
alty, when  collected,  shall  be  added  to  the  township  fund  county 
of  the  township.    When  school  trustees  are  elected  at  clerks  to  fur- 
town  meetings,  as  provided  in  section  twenty-seven  of  frustees^eiec- 
this  act,  it  shall  be  the  duty  of  the  county  clerk,  as  soon  ^^^^J^^^g^own 
as  the  list  of  the  names  of  officers  elected  at  the  town 
meetings  is  filed  with  him,  to  give  the  county  superin- 
tendent a  list  of  the  names  of  all  school  trustees  elected 
at  the  town  meetings  in  the  county.    [As  amended  by  an 
act  approved  June  3,  1879.] 

§  31.    The  said  trustees  of  schools,  elected  as  aforesaid, 
shall  b  e  successors  to  the  trustees  of  school  lands  appointed  fr^^tees^of 
by  the  county  commissioners'  court,  and  of  trustees  of  school  lands, 
schools  elected  in  townships,  under  the  provisions  of  "An 
act  making  provisions  for  organizing  and  maintaining 
common  schools,"  approved  February  26,  1811,  and  of 
"An  act  to  establish  and  maintain  common  schools," 
approved  March  1,  1847.    All  rights  of  property,  and 
rights  and  causes  of  action,  existing  or  vested  in  the 
trustees  of  school  lands  or  trustees  of  schools,  appointed 
or  elected  as  aforesaid,  for  the  use  of  the  inhabitants  of 
the  township,  or  any  part  of  them,  shall  vest  in  the- 
trustees  of  schools  as  successors,  in  as  full  and  complete 
a  manner  as  was  vested  in  the  school  commissioner  (the 
trustees  of  school  lands),  or  the  trustees  of  schools  ap-  • 
pointed  and  elected  as  aforesaid. 

§  32.    It  shall  be  the  duty  of  the  board  of  trustees,  to  trSeJiVi 
hold  regular  semi-annual  meetings  on  the  first  Monday  of  quorum. 
April  and  October,  and  special  meetings  may  be  held  at 
such  obher  times  as  they  may  think  proper.  Special 
meetings  of  the  board  may  be  called  by  the  president  or  . 
anytvvo  members  thereof ;  and  at  all  meetings,  two  mem-  ^^^^s^^^^^- 
bers  of  the  board  shall  be  a  quorum  for  business.  Within 
ten  days  after  the  annual  election  of  trustees  the  board 
shaU  organize  by  appointing  one  of  their  number  presi-  ^Appointment 
dent,  and  some  person,  who  shaU  not  be  a  director  or  p^®^^*^®"^^- 
trustee,  and  who  shall  be  a  resident  of  the  township,  treas- 
urer, if  there  be  a  vacancy  in  this  office,  who  shall  be  Appointment 
ex-officio  clerk  of  the  board.    The  president  shall  hold  his  of  treasurer 
office  for  one  year,  and  the  treasurer  for  two  years,  and  of  office. 


18 


until  their  successors  are  appointed;  but  either  of  said 
officers  may  be  removed  by  the  board  for  good  cause.  It 
proceedings/ ^®  the  duty  of  the  president  to  preside  at  the  meet- 
ings of  the  board;  and  it  shall  be  the  duty  of  the  clerk 
to  be  present  at  all  meetings  of  the  board,  and  to  record, 
in  a  book  to  be  provided  for  the  purpose,  all  their  official 
proceedings,  which  shall  be  a  public  record,  open  to  the 
inspection  of  any  person  interested  therein ;  and  all  of 
said  proceedings,  when  recorded,  shall  be  signed  by  the* 
president  and  the  clerk.  If  the  president  or  clerk  shall  be 
absent  or  refuse  to  perform  any  of  the  duties  of  his  office, 
at  any  meeting  of  the  board,  a  president  or  clerk,  ]pro 
tempore  may  be  appointed.  [As  amended  by  an  act  ap- 
proved June  3,  1879.] 

DIVISION  INTO  DISTRICTS — MAP — ALTERATIONS,  ETC. 

Who  may  §  Trustees  of  schools  in  newly  organized  townships 
petition.  shall  lay  off  the  township  into  one  or  more  districts,  to 
suit  the  wishes  and  convenience  of  a  majority  of  the  in- 
habitants of  the  township,  and  shall  prepare  or  cause  to 
be  prepared  a  map  of  the  township,  on  which  map  shall 
be  designated  the  district  or  districts,  to  be  styled,  when 

there  are  more  than  one  (1)  district,  "District  iNo  , 

in  township  No  ,  range   of  the   P.  M. 

(according  to  the  proper  numbers),  county  of  ,  and 

8tate  of  Illinois."  And  when  petitioned  so  to  do,  as  here- 
inafter provided,  they  may,  having  discretion  in  the  mat- 
ter, at  the  regular  meeting  in  April,  change  such  districts 
as  lie  wholly  within  their  townships,  so  as  to  divide  or 
consolidate  districts,  to  organize  a  new  district  out  of  ter- 
ritory belonging  to  two  (2)  or  more  districts,  or  to  detach 
territory  from  one  (1)  district  and  add  the  same  to  an- 
other district  adjacent  thereto.  And  at  the  same  meeting, 
by  the  concurrent  action  of  the  several  boards  of  trustees 
of  the  townships  in  which  the  district  or  districts  alfected 
lie,  each  board  being  petitioned  as  hereinatLer  provided, 
the  same  changes  may  be  made  in  the  boundaries,  both 
of  districts  whicii  lie  in  separate  townships  but  adjacent 
to  each  other,  and  of  districts  formed  of  parts  of  two  (b) 
or  more  townships :  Provided,  that  none  of  these  changes 
shall  be  made  unless  petitioned  for — (1)  by  a  majority  of 
the  legal  voters  of  each  of  the  districts  alfected  by  the 
proposed  change;  or,  (2)  by  two-thirds  (f)  of  the  legal 
voters  living  within  certain  territory,  described  in  the  pe- 
tition, asking  that  said  territory  be  detached  from  one 
district  and  added  to  another ;  or,  (o)  by  two-thirds  (f )  of 
all  the  legal  voters  living  within  certain  territory,  con- 
taining not  less  than  ten  (10)  families,  asking  that  said  ter- 
Bonded  debt.  j-jj^Qj^y  made  a  new  district.    But  in  case  any 

territory  be  set  off  from  any  district  that  has  a  bonded 
debt,  the  change  not  being  petitioned  for  by  a  majority 
of  the  legal  voters  of  said  district,  such  district  shall  re- 
main liable  for  the  payment  of  such  bonded  debt,  as  if 


19 


not  divided.    The  directors  of  the  original  district  having 
such  bonded  debt,  and  of  the  district  into  which  the  ter- 
ritory taken  from  such  original  district  has  been  incor- 
porated or  formed,  shall  constitute  a  joint  board  for  the 
purpose  of  determining  and  certifying,  and  they  shall  de- 
termine and  certify  to  the  county  clerk  the  amount  of  tax 
required  yearly  for  the  purpose  of  paying  the  interest  and 
principal  of  such  bonded  debt,  which  tax  shall  be  extended 
by  the  county  clerk  against  all  property  embraced  within 
such  original  district,  as  if  it  had  not  been  divided: 
Provided,  also,  that  in  school  districts  havmg  a  population  ^^Y^te  m^i^s- 
of  not  less  than  one  thousand  (1,000)  inhabitants,  any  1,000  or  more 
desired  change  of  boundaries  may  be  submitted  to  the 
trustees  by  a  vote  of  the  people,  instead  of  by  petition, 
as  hereinbefore  set  forth  ;  and  when  petitioned  so  to  do 
by  twenty-live  legal  voters  of  the  district,  the  school  board 
of  the  district  shall  submit  the  question  of  change  desired 
to  the  voters  of  said  district,  at  a  special  election  called 
for  that  purpose,  and  held  at  least  thirty  (30)  days  prior 
to  the  regular  meeting  of  the  trustees  at  which  they  con- 
sider change  of  district  boundaries.    If  a  majority  of  the 
votes  cast  at  any  such  election  shall  be  in  favor  of  the 
change  proposed,  then,  due  return  of  the  election  having 
been  made  to  the  township  treasurer,  the  township  trustees 
shall  consider  and  take  action,  the  same  as  if  petitioned 
therefor  by  a  majority  of  the  legal  voters  of  such  district ; 
but  no  question  of  change  of  boundaries  shall  be  submitted 
to  a  vote  of  the  school  district  more  than  once  in  any  one  petition  t  o 
(1)  year:    Provided,  further,  that  no  petition  shall  be  acted  be  filed  20 
upon  by  any  board  of  trustees  unless  it  shall  have  been^^^®* 
filed  with  the  clerk  of  said  board  of  trustees  twenty  (20) 
days  before  the  regular  meeting  in  April,  nor  unless  a  Notice  to 
copy  of  said  petition,  together  with  a  notice,  in  writing,  districts, 
which  notice  may  be  in  the  following  form,  to-wit : 

Th3  directors  of  district  No  in  township  No  ,  range 

 of  the  principal  meridian,  will  take  notice  that  the  under- 
signed have  made  and  filed  with  the  clerk  of  the  board  of  trustees  of  said 
township  their  petition,  a  copy  of  which  is  herewith  handed  to  you. 

shall  be  delivered  by  the  petitioners,  or  some  one  of  them, 
at  least  ten  (10)  days  before  the  date  at  which  the  petition 
is  to  be  considered,  to  the  president  or  clerk  of  the  board 
of  directors  of  each  district  whose  boundaries  will  be 
changed  if  the  petition  is  granted.  When,  at  the  regular 
meeting  of  the  trustees  in  April,  any  such  petition  shall 
come  before  the  trustees,  it  shall  be  the  duty  of  the 
trustees  to  ascertain,  first,  whether  the  foregoing  provisions 
have  been  strictly  complied  with;  and  if  it  shall  appear 
that  they,  or  either  of  them,  have  not  been  complied 
with,  in  such  case  the  board  shall  adjourn  the  hearing  Shaii  adjourn, 
for  not  longer  than  four  (4)  weeks,  in  order  that  the  fore- 
going provisions  may  be  complied  with;  but  there  shall 
be  but  one  (1)  adjournment  for  such  purpose.  If,  on  the 
day  of  the  regular  meeting,  or  at  the  adjourned  meeting, 
it  shall  appear  that  such  provisions  have  been  complied 


20 


with,  then  the  trustees  shall  consider  the  petition,  and 
shall  also  hear  any  legal  voters  living  in  the  district  or 
districts  that  will  be  affected  by  the  change  if  made,  who 
may  appear  before  them  to  oppose  the  petition ;  and  they 
shall  grant  or  refuse  the  prayer  of  the  petitioners  with- 
out unreasonable  delay.  But  the  petitioners  or  the  legal 
voters,  who  have  appeared  before  the  trustees  at  the 
meeting  when  the  petition  was  considered,  and  opposed 
Appeal.  the  same,  shall  have  the  right  of  appeal  to  the  county 
superintendent  of  schools :  Provided ^  the  party  appealing 
files  with  the  clerk  of  the  trustees  a  written  notice  oi 
appeal  within  ten  (10)  days  after  final  action  upon  the 
petition  by  the  trustees.  Whenever  any  changes,  as  pro- 
vided in  this  section,  are  made  by  the  trustees  of  schools, 
if  no  appeal  is  taken  to  the  county  superintendent,  the 
clerk  of  the  trustees  shall  make  a  complete  copy  of  the 
record  of  the  action  of  the  trustees,  which  copy  shall  be 
certified  by  the  president  of  the  trustees  and  the  clerk, 
who  shall  file  the  same,  together  with  a  map  of  the  town- 
ship showing  the  districts,  and  an  accurate  list  of  the 
tax-payers  of  the  newly  arranged  districts,  with  the  county 
clerk,  within  twenty  (20)  days  of  the  action  of  the  trustees. 
When  the  trustees  of  schools  shall  organize  a  new  dis- 
trict under  the  provisions  of  this  section,  it  shall  be  the 
duty  of  the  clerk  of  the  trustees,  if  no  appeal  is  taken  to 
the  county  superintendent,  to  order,  within  fifteen  (15) 
Election  In  days  after  the  action  of  the  trustees,  an  election,  to  be 
new  district.  \^q\iX  at  some  convenient  time  and  place,  within  the 
boundaries  of  such  newly  organized  district,  for  the  elec- 
tion of  three  (3)  school  directors,  notice  being  given  by 
the  township  treasurer,  who  shall  post  up  three  (3)  notices 
of  such  election  in  three  (3)  prominent  places  in  said  dis- 
trict, at  least  ten  (IG)  days  prior  to  the  time  appointed 
for  holding  such  election,  which  notices  shall  specify  the 
place  where  such  election  is  to  be  held,  the  time  for  open- 
ing and  closing  the  polls,  and  the  object  of  said  election. 
It  shall  be  the  duty  of  the  legal  voters  present,  five  (I) 
of  whom  shall  constitute  a  quorum,  to  appoint  three  (3) 
of  their  number,  two  (2)  of  whom  shall  act  as  judges,  and 
one  (1)  as  clerk  of  said  election.  Within  ten  (10)  days 
after  the  election,  it  shall  be  the  duty  of  the  directors 
elected  at  said  election,  to  meet  at  some  convenient  time 
and  place,  previously  agreed  upon  by  said  directors,  and 
Organization  organize  as  a  district  board,  by  appointing  one  (1)  of 
of  board.  their  number  president,  and  also  some  suitable  person 
clerk  of  the  board,  who  shall,  by  virtue  of  his  office,  be 
clerk  of  the  district.  At  this  first  meeting  of  the  directors, 
they  shall  draw  lots  for  their  respective  terms  of  ofiice  for 
one  two  (2)  and  three  (3)  years,  each  of  which  shall 
be  considered  a  fractional  term,  ending  at  each  annual 
meeting,  according  to  the  length  of  term  drawn.  When 
Clerk  to  an  appeal  is  taken  from  the  action  of  the  trustees  to  the 
pers1?case  of  ^^^^^^y  superintendent,  the  clerk  of  the  trustees  shall, 
appeal        within  five  (5)  days  after  the  written  notice  of  the  appeal 


21 


I 


has  been  filed  with  him  by  the  appellants,  transmit  all  the 
papers  in  the  case,  with  a  transcript  of  the  records  of 
the  trustees,  showing  their  action  thereon,  to  the  county 
superintendent,  and  in  case  of  an  appeal  the  township  ^^^^Power^of 
treasurer  shall  be  required  to  take  no  further  action  in  mtendent. 
the  matter,  except  upon  the  order  of  the  county  superin- 
tendent, whose  duty  it  shall  be  to  investigate  the  case 
upon  such  appeal ;  and  if,  in  his  opinion,  the  change 
asked  is  for  the  best  interests  of  the  district  or  districts 
concerned,  he  shall  make  such  change  or  changes;  but 
if  he  considers  the  proposed  change  unadvisable,  he  shall 
refuse  to  make  it,  and  shall  reverse,  if  need  be,  the  action 
of  the  trustees,  and  shall  give  the  clerk  from  whom  he 
received  the  papers  immediate  notice  of  such  refusal,  and 
his  action  shall  be  final  and  binding.  If  the  changes 
asked  by  the  petitioners  shall  be  made  by  the  county 
superintendent,  he  shall  notify  in  writing  the  clerk  by 
whom  the  papers  in  the  case  were  transmitted  to  him,  of 
his  action,  and  the  clerk  shall  thereupon  make  a  record 
of  the  same,  and  shall,  within  ten  days  thereafter,  make 
a  copy  of  the  same  and  the  map  and  list  of  tax-payers, 
and  deliver  them  to  the  county  clerk  for  filing  and  record 
by  him,  the  same  as  if  the  change  had  been  ordered  by 
the  trustees.  And  in  case  a  new  district  is  organized  by 
the  action  of  the  county  superintendent,  the  clerk  shall, 
within  five  (5)  days  thereafter,  order  an  election  of  direct- 
ors in  the  new  district,  the  same  as  if  the  change  had 
been  made  by  the  board  of  trustees.  Whenever  a  iiew 
district  has  been  formed  by  the  trustees  or  by  the  county 
superintendent,  from  a  part  of  a  district  or  from  parts  of 
two  (2)  or  more  districts,  the  trustees  of  the  township  or 
townships  concerned  shall  proceed  forthwith  to  make  a 
distribution  of  any  tax  funds  or  other  funds  which  are  in 
the  hands  of  the  treasurer,  or  to  which  the  district  may, 
at  the  time  of  such  division,  be  entitled,  so  that  both 
the  old  and  new  districts  shall  receive  parts  of  such  funds 
in  proportion  to  the  amount  of  taxes  collected,  next  pre- 
ceding such  division,  from  the  taxable  property  in  the 
territory  composing  the  several  districts.  If  the  new  dis- 
trict be  composed  of  parts  of  two  (2)  or  more  districts, 
the  trustees  shall  make  distribution  of  said  funds  between 
the  new  district  and  the  old  ^districts  respectively,  so  that 
the  new  district  shall  receive  a  distribution  of  the  funds 
of  each  of  the  old  districts  in  the  proportion  which  the 
amount  of  taxes  collected  from  the  property  in  the  terri- 
tory of  the  new  district  bears  to  the  whole  taxes  collected, 
next  before  the  division,  in  the  old  district ;  and  the  town 
treasurer  shall  forthwith  place  the  sum  so  distributed  to 
the  credit  of  the  respective  districts,  and  shall  immedi- 
ately place  the  proportion  of  the  said  funds  to  which  said 
new  district  may  be  entitled  to  its  credit  on  his  books, 
and  the  funds  on  hand  shall  be  subject  at  once  to  the 
order  of  the  directors  of  the  new  district,  and  those  not 
on  hand,  as  soon  as  collected.  The  trustees  of  the  town- 
—2 


22 


ship'  or  townships  concerned,  shall,  at  the  time  of  the 
creation  of  a  new  district,  or  within  the  period  of  thirty 
(30)  days  thereafter,  proceed  to  the  appointment  of  three 
appraisers,  who  shall  not  be  citizens  of  the  township  or 
Appraise-  townships  interested.  It  shall  be  the  duty  of  said  apprais- 
erty.  ers,  within  thirty  days  after  their  appointment,  to  appraise 

the  school  property,  both  real  and  personal,  of  the  district 
or  districts  interested,  at  their  [its]  fair  cash  value.  Within 
thirty  (30)  days  after  such  appraisement,  the  trustees  of 
the  township  or  townships  concerned  shall  proceed  to  charge 
the  property  to  the  district  in  which  it  may  be  found,  and 
to  credit  the  other  district  interested  therein  with  its  pro- 
portion of  such  valuation :  Provided,  that  the  bona  fide 
debts,  if  any,  of  the  old  district,  shall  first  be  deducted  and 
the  balance  charged  and  credited  as  aforesaid,  and  of  the 
funds  then  on  hand,  or  subsequently  to  accrue,  belonging 
to  such  district  to  which  such  property  is  charged,  the 
trustees  shall  direct  the  treasurer  to  place  to  the  credit  of 
the  district  not  retaining  said  property  its  proportion  of 
trustees  value  of  Said  property.    If  trustees  shall  fail  to  ob- 

serve the  provisions  of  this  section  in  reference  to  distri- 
bution of  funds  and  property,  they  shall  be  individually 
and  jointly  liable  to  the  district  interested,  in  an  action 
on  the  case,  to  the  full  amount  of  the  damages  sustained 
by  the  district  aggrieved.  Where  trustees  have  heretofore 
failed  to  make  distribution  of  property  to  districts,  as 
provided  in  this  section,  any  district  interested  in  the 
making  of  such  distribution  may,  by  its  directors,  request 
the  trustees,  in  writing,  to  proceed  to  make  such  distri- 
bution ;  and  said  trustees  shall  proceed  to  make  distribu- 
tion in  the  manner  herein  prescribed,  and  shall  be  liable 
Liability  of  in  like  manner  for  neglect  or  failure.  The  clerk  of  any 
clerk.  board  of  trustees  who  shall  fail,  neglect  or  refuse  to  per- 

form the  duties  imposed  upon  him  by  this  section,  or 
any  of  them,  within  the  time  and  in  the  manner  pre- 
scribed, shall,  for  each  offense,  forfeit  not  less  than  ten 
dollars  ($10)  nor  more  than  twenty-five  dollars  ($25)  of  his 
District  fail- P^y  clerk  of  the  board  of  trustees  and  township  treas- 
ing  to  have  urer,  which  forfeiture  shall  be  enforced  by  the  trustees.  If 
years  ^  to  ^e  any  school  district  shall,  for  two  (2)  consecutive  years,  fail  to 
divided.  maintain  a,  public  school,  as  required  by  law  to  do,  it  shall 
be  the  duty  of  the  trustees  of  schools  of  the  township  or 
townships  in  which  such  district  lies,  to  attach  the  terri- 
tory of  such  district  to  one  (1)  or  more  adjoining  school 
districts;  and,  in  case  said  territory  is  added  to  two  (2) 
or  more  districts,  to  divide  the  property  of  said  district 
between  the  districts  to  which  its  territory  is  added,  in 
the  manner  hereinbefore  provided  for  the  division  of 
property  in  case  a  new  district  is  organized  from  a  part 
of  another  district,  and.  the  action  of  the  trustees  in  such 
a  case  shall  be  final  and  binding;  and  the  clerk  of  the 
trustees  in  such  cases  shall  file  a  copy  of  the  record  of 
the  same,  together  with  the  map  and  list  of  tax-payers, 


23 


with  the  county  clerk,  as  m  other  cases  of  change  of 
district  boundaries.  The  majority  of  the  legal  voters  of  petition, 
a  district  lying  in  two  (2)  or  more  townships  may  secure 
the  dissolution  of  said  district  by  petitioning  the  several 
boards  of  trustees  of  said  townships,  at  their  regular 
meeting  in  April,  that  each  will  add  the  territory  belong- 
ing to  said  district  in  its  township  to  one  (1)  or  more 
adjoining  districts.  Upon  receipt  of  such  petition,  or  re- 
turns of  such  election,  the  several  boards  of  trustees  shall 
each  ii.ake  such  disposition  of  the  territory  of  said  dis- 
trict as  lies  in  its  township,  and  they  shall  jointly  make 
such  division  of  the  property  of  ^aid  district  between  the 
districts  to  which  its  territory  is  attached,  as  is  herein- 
before provided  in  the  case  of  organization  of  a  new  dis- 
trict from  a  part  of  another  district ;  and  the  action  of 
the  trustees,  in  accordance  with  such  petition  or  election, 
shall  be  final  and  binding,  and  the  clerks  of  the  several 
boards  of  trustees  in  such  case  shall  file  a  copy  of  the 
record  of  the  same,  together  with  the  map  and  list  of 
tax-payers,  with  the  county  clerk,  as  in  other  cases  of 
change  of  district  boundaries.  [As  amended  by  an  act 
approved  May  23,  1877 ;  by  an  act  approved  May  31, 
1879,  and  by  an  act  approved  May  31,  1881.] 

§  34.    At  the  regular  semi-annual  meetings,  on  the  first  to^dfg triers  ^ 
Mondays  of  April  and  October,  the  trustees  shall  ascer- 
tain the  amount  of  State,  county  and  township  funds  on 
hand  and  subject  to  distribution,  and  shall  apportion  the 
same  as  follows : 

First. — Whatever  may  be  due  for  the  compensation  and 
the  books  of  the  treasurer,  and  such  sum  as  may  be 
deemed  reasonable  for  dividing  school  lands,  making 
plats,  etc. 

Second, — The  remainder  shall  be  divided  among  the  dis-  Basis  of. 
tricts  or  fractions  of  districts  in  which  schools  have  been 
kept  in  accordance  with  the  provisions  of  this  act,  and 
the  instructions  of  the  State  and  county  superintendents, 
during  the  preceding  year  ending  June  30,  m  proportion 
to  the  number  of  children  under  twenty-one  (21)  years  of 
age  in  each :  Provided,  that  no  district  which  shall  show 
by  schedules  filed  on  or  before  the  meeting  of  the  trus- 
tees in  October,  1881,  that  it  has  had  a  legal  school  for 
one  hundred  and  ten  (110)  days  during  the  preceding  year, 
shall  be  deprived  of  a  share  of  the  funds  distributed  at  that 
and  the  next  regular  meeting  of  the  trustees.  The  funds 
thus  apportioned  shall  be  placed  on  the  books  of  the  treas-  Funds  to  be 
urer  to  the  credit  of  the  respective  districts,  and  the  same 
shall  be  paid  out  by  the  treasurer  on  the  legal  orders  of 
the  directors  of  the  proper  districts.  [As  amended  by  act 
approved  May  31,  1881.] 

§  35.    Pupils  shall  not  be  transferred  from  one  district  p^^^^^^^®^ 
to  another  without  the  written  consent  of  a  majority  of 
the  directors  of  both  districts  which  written  permits  shall 
be  delivered  to  and  filed  by  the  proper  township  treas- 


24 


Township 
high  school. 

How  estab 
lished. 


schedule?  ^i^^r,  and  shall  be  evidence  of  such  consent.  A  separate 
schedule  shall  be  kept  for  each  district,  and  in  each 
schedule  shall  be  certified  the  proper  amount  due  the 
teacher  from  that  district,  comf)uted  upon  the  basis  of  the 
total  number  of  days'  attendance  of  all  the  schedules.  If  the 
district  from  which  the  pupils  are  transferred  is  in  the  same 
township  as  the  district  in  which  the  school  is  taught, 
the  directors  of  said  district  shall  deliver  the  separate 
schedule[s]  to  their  township  treasurer,  who  shall  credit  the 
district  in  which  the  school  was  taught,  and  charge  the 
other  districts  with  the  respective  amounts  certified  in 
said  separate  schedules  to  be  due.  If  pupils  are  trans- 
ferred from  a  district  of  another  township,  the  schedule 
for  that  district  shall  be  delivered  to  the  directors  thereof, 
who  shall  immediately  draw  an  order  on  their  treasurer, 
in  favor  of  the  treasurer  of  the  township  in  which  the 
school  was  taught,  for  the  amount  certified  to  be  due  in 
said  separate  schedule.  When  a  school  is  composed  in 
Directors  to  part  of  pupils  transferred  from  other  townships,  the  duty 
collect.  Qf  collecting  the  amount  due  on  account  of  such  pupils 
shall  d-evolve  upon  the  directors.  Upon  petition  of  fifty 
voters  of  any  school  township,  filed  with  the  township 
treasurer  at  least  fifteen  days  preceding  a  regular  election 
of  trustees,  it  shall  be  the  duty  of  said  treasurer  to  notify 
the  voters  of  the  township  that  an  election  ''For"  and 
"Against"  a  high  school  will  be  held  at  the  next  ensuing 
election  of  trustees,  and  the  ballots  to  such  effect  shall 
be  received  and  canvassed  at  such  election;  and  if  a 
majority  of  the  votes  at  such  election  shall  be  found  to 
be  in  favor  of  a  high  school,  it  shall  be  the  duty  of  the 
trustees  of  the  school  district  to  establish,  at  some  cen- 
tral point  most  convenient  for  the  majority  of  the  pupils 
of  the  township,  a  high  school,  for  the  education  of  the 
hiw  "'^^Ijwers  ^^^'^  advanced  pupils.  For  the  purpose  of  building  a  ■ 
of  directorsf''^  school  house.  Supporting  the  school,  and  other  necessary 
expenses,  the  township  shall  be  regarded  as  a  school  dis- 
trict, and  the  trustees  shall  have  the  power,  and  discharge 
the  duties  of  directors  for  such  district  in  all  respects : 
Partsof  two  p^(,^-^^g^   that  in  like  manner,  the  voters  and  trustees  of 

or  more  t  wn-  ,  '  ,  '.  ,       r  I  ^  • 

ships mayjoin  two  or  more  adjommg  townships,  or  parts  of  townships, 
a\fgh^s^cho^oL  Cooperate  in  the  establishment  and  maintenance  of 
a  high  school,  on  such  terms  as  they  may  by  written 
agreement  made  by  the  boards  of  trustees,  enter  into. 
And  provided,  further,  that  when  any  township  or  parts 
of  townships  shall  have  organized  a  high  school,  and  wish 
to  discontinue  the  same,  upon  petition  of  fifty  voters  of  said , 
township,  or  parts  of  townships,  filed  with  the  township  treas- 
urer at  least  fifteen  (15)  days  preceding  a  regular  election 
of  trustees,  it  shall  be  the  duty  of  said  treasurer  to  notify 
the  voters  of  the  township  that  an  election  will  be  held 
to  discontinue  the  high  school  at  the  next  ensuing  elec- 
tion of  trustees,  and  the  ballots  cast  "For"  or  "Against" 
the  continuance  of  the  high  school,  shall  be  received  and 


Township 
high  school 
may  be  dis- 
continued. 


25 


canvassed  at  such  election ;  and  if  a  majority  of  the 
votes  at  such  election  shall  be  found  against  continuing 
the  high  school,  it  shall  be  the  duty  of  the  trustees  to 
discontinue  the  same,  and  to  turn  all  the  assets  of  the  ^ji^|Po^si<^ion 
high  school  over  to  the  school  fund  of  said  township,  to 
be  used  as  any  other  township  fund  for  school  purposes. 
[As  amended  by  an  act  approved  March  24,  1874,  and  by 
an  act  approved  June  3,  1879.] 

§  36.  The  board  of  trustees  of  each  township  in  this  ^  Report  ^to 
State  shall  prepare,  or  cause  to  be  prepared,  by  the  town-  perintende^it" 
ship  treasurer,  the  clerk  of  the  board,  the  directors  of  the 
several  districts,  or  other  person,  and  forwarded  to  the 
county  superintendent  of  the  county  in  which  the  town- 
ship lies,  on  or  before  the  fifteenth  day  of  July  preceding 
each  regular  session  of  the  General  Assembly  of  this  State, 
and  at  such  other  times  as  may  be  required  by  the  county 
superintendent,  or  by  the  State  Superintendent  of  Public 
Instruction,  a  statement  exhibiting  the  condition  of  schools 
in  their  respective  townships  for  the  preceding  biennial 
period,  giving  separately  each  year,  commencing  on  the 
lirst  of  July  and  ending  on  the  last  of  June ;  which  state- 
ment shall  be  as  follows : 

First.— The  whole  number  of  schools  which  have  been  items, 
taught  in  each  year ;  what  part  of  said  number  have  been 
taught  by  males  exclusively;  what  part  have  been  taught 
by  females  exclusively ;  what  part  of  said  whole  number 
have  been  taught  by  males  and  females  at  the  same  time, 
and  what  part  by  males  and  females  at  different  periods. 

Second. — The  whole  number  of  scholars  in  attendance  at 
all  the  schools,  giving  the  number  of  males  and  females 
separately. 

Third. — The  number  of  male  and  female  teachers,  giving 
each  separately ;  the  highest,  lowest  and  average  monthly 
compensation  paid  to  male  and  female  teachers,  giving 
each  item  separately. 

Fourth. — The  number  of  persons  under  twenty-one  years 
of  age,  making  a  separate  enumeration  of  those  above  the 
age  of  twelve  years  who  are  unable  to  read  and  write, 
and  the  cause  or  causes  of  the  neglect  to  educate  them. 

Fifth. — The  amount  of  the  principal  of  the  township 
fund ;  the  amount  of  the  interest  on  the  township  fund 
paid  into  the  township  treasury ;  the  amount  raised  by 
ad  valorem  tax,  and  the  amount  of  such  tax  received  into 
the  township  treasury,  and  the  amount  of  all  other  funds 
received  into  the  township  treasury. 

Sixth. — Amount  paid  for  teachers'  wages ;  the  amount 
paid  for  school  house  lots ;  the  amount  paid  for  building, 
repairing,  purchasing,  renting  and  furnishing  school  houses ; 
the  amount  paid  for  school  apparatus,  for  books  and  other 
incidental  expenses  for  the  use  of  school  libraries ;  the 
amount  paid  as  compensation  to  township  officers  and 
others. 


26 


Seventh. — The  whole  amount  of  the  receipts  and  ex- 
penditures for  school  purposes,  together  with  such  other 
statistics  and  information  in  regard  to  schools  as  the  State 
Superintendent  or  county  superintendent  may  require. 
And  any  township  from  which  such  report  is  not  received 
in  the  manner  and  time  required  by  law,  shall  forfeit  its 
Siiure  "tcf  re- ^^^'^^^^  public  fund  for  the  next  ensuing  year:  Pro- 

port,  vided,  that  upon  the  recommendation  of  the  county  super- 

intendent, or  for  good  and  sufficent  reasons,  the  State 
Superintendent  may  remit  such  forfeiture.  [As  amended 
by  an  act  approved  June  3,  1879.] 

§  37.  In  all  cases  where  a  township  is  or  shall  be  divided 
enumeration,  by  a  county  line  or  lines,  the  board  of  trustees  of  such 
township  shall  make  or  cause  to  be  made  separate 
enumerations  of  male  and  female  persons  of  the  ages  as 
directed  in  the  foregoing  section  of  this  act,  designating 
separately  the  number  residing  in  each  of  the  counties  in 
which  such  township  may  lie,  and  forward  each  respective 
number  to  the  proper  county  superintendent  of  each  of 
said  counties ;  and  in  like  manner,  as  far  as  practicable, 
all  other  statistics  and  information  enumerated  and  re- 
quired to  be  reported  in  the  aforesaid  section,  shall  be 
separately  reported  to  the  several  county  superintendents ; 
divisible^  such  parts  of  Said  statistical  information  as  are 

not  susceptible  of  division,  and  are  impracticable  to  be 
reported  separately,  shall  be  reported  to  the  county  super- 
intendent of  the  county  in  which  the  sixteenth  section  of 
such  township  is  situated. 

Examina-  §  38.  At  cach  semi-annual  meeting,  and  at  such  other 
tees.^^  meetings  as  they  may  think  proper,  the  said  township 
board  shall  examine  all  books,  notes,  mortgages,  securi- 
ties, papers,  moneys  and  effects  of  the  corporation,  and 
the  accounts  and  vouchers  <)f  the  township  treasurer,  or 
other  township  school  officer,  and  shall  make  such  order 
thereon  for  their  security,  preservation,  collection,  correc- 
tion of  errors,  if  any,  and  for  their  proper  management, 
as  ruay  seem  to  said  board  necessary. 

§  39.    The  board  of  trustees  of  each  township  in  the 
State  may  receive  any  gift,-  grant,  donation,  or  devise 
made  for  the  use  of  any  school  or  schools,  or  library,  or 
^{J^J^gggf^^^^^ other  school  purposes  within  their  jurisdiction;  and  they 
shall  be  and  are  hereby  invested,  in  their  corporate 
capacity,  with  the  title,  care  and  custody  of  all  school 
Directors  to  liouses  and  school  house  sites ;  but  the  supervision  and 
oT\  c h^o^o^i  c*^^^^^^  of  them  is  expressly  vested  in  the  directors  of 
houses— may  each  district  in  which  said  property  is  situated,  who  may 
fo?  meetings!  grant  the  temporary  use  of  school  houses,  when  not 
occupied  by  schools,  for  religious  meetings  and  Sunday 
schools,  for  evening  schools  and  for  literary  societies, 
and  for  such  other  meetings  as  the  directors  may  deem 
proper ;  and  when,  in  the  opinion  of  the  school  directors, 
the  school   house  site  or  the  buildings  have  become 
unnecessary,  or  unsuitable,  or  inconvenieiit  fox  a  school, 


27 


said  board  of  trustees,  on  petition  of  a  majority  of  the 
voters  of  the  district,  shall  sell  and  convey  the  same  in  the  ^gie  of  school 
name  of  the  said  board,  after  giving  at  least  twenty  days' 
notice  of  such  sale,  by  posting  up  written  or  printed 
notices  thereof,  particularly  describing  said  property  and 
terms  of  sale ;  and  such  conveyance  shall  be  executed  by 
the  president  and  clerk  of  said  board,  and  the  avails 
shall  be  paid  over  to  the  township  treasurer  for  the  bene- 
fit of  said  district ;  and  all  conveyances  of  real  estate 
which  may  be  made  to  said  board,  shall  be  made  to  said 
board  in  their  corporate  name,  and  to  their  successors  in 
office. 

§  40.    The  township  board  shall  cause  all  moneys  for  Township 
the  use  of  the  townships  and  districts  to  be  paid  over  to ^Jiy^^awf ui 
the  township  treasurer,  who  is  hereby  constituted  and  custodian, 
declared  to  he  the  only  lawful  depositary  and  custodian 
of  all  township  and  district  school  funds.    They  shall 
have  power  also  to  remove  the  township  treasurer  at  any  t  ?w^n  s  hl^p 
time,  for  any  failure  or  refusal  to  execute  or  comply  with  treasurer, 
any  order  or  requisition  of  said  board,  legally  made,  or  for 
other  improper  conduct  in  the  discharge  of  his  duty  as  any 
treasurer.    They  shall  also  have  power,  for  any  failure 
or  refusal  as  aforesaid,  to  sue  him  upon  his  bond.  May  sue. 

8  41.    The  township  trustees  are  hereby  vested  withiiro  ^ 

t       it      •  I      I  1  iji'p  -"-^ay  purcnase 

general  power  and  authority  to  purchase  real  estate,  if,   real  estate 
in  their  opinion,  the  interests  of  the  township  fund  will  tfonof  julg- 
be  promoted  thereby,  in  satisfaction  of  any  judgment  or  ments.- 
decree  wherein  the  said  board  or  county  superintendent 
are  plaintiffs  or  complainants ;  and  the  title  of  such  real 
estate  so  purchased  shall  vest  in  said  board,  for  the  use 
of  the  inhabitants  of  said  township,  for  school  purposes. 
The  said  board  are  hereby  vested  with  general  power 
and  authority  to  make  all  settlements  with  persons  in-   '^^  ements.  ^ 
debted  to  them  in  their  official  capacity;  or  receive  deeds 
of  real  estate  in  compromise ;   and  to  cancel,  in  such 
manner  as  they  may  think  proper,  notes,  bonds,  mort- 
gages, judgments  and  decrees,  existing,  or  that  may  here- 
after exist,  for  the  benefit  of  the  township,  when  the 
interest  of  said  township,  or  the  fund  concerned,  shall,  in 
their  opinion,  require  it ;  and  their  action  shall  be  valid. 
Said  board  of  trustees  are  hereby  authorized  to  lease  or     May  lease 
sell,  at  public  auction,  any  land  that  may  come  into  ^r^^^i^ 
their  possession,  in  such  manner  and  on  such  terms  as 
they  shall  deem  for  the  interest  of  the  township :  Pro- 
vided, that  in  all  cases  of  sale  of  land  as  provided  in 
this  section,  the  sale  shall  be  made  at  the  same  place, 
and  notice  given  of  it  in  the  same  manner  as  is  provided 
in  this  act  for  the  sale  of  the  sixteenth  section ;  and  all  \ 
such  sales  shall  be  by  public  auction. 


28 


SCHOOL  DIRECTORS — THEIR  ELECTION  AND  DUTIES. 


Term  of  office. 


Vacancies. 


Notices  of 
election. 


Township 
treasurer  and 
county  super- 
intend e  nt 
may  order. 


Judges, 


Postpone- 
ment. 


Election  on 
anySaturday. 

Tie. 

Organization 
—records. 


§  42.  The  annual  election  of  school  directors  shall  be 
on  the  third  Saturday  of  April,  when  one  director  shall 
be  elected  in  each  district,  who  shall  hold  his  office  for  three 
years,  and  until  his  successor  is  elected.  In  new  districts 
the  first  election  may  be  on  any  Saturday,  notice  being 
given  by  the  township  treasurer,  as  for  the  election  of 
trustees,  when  three  directors  shall  be  elected,  who  shall, 
at  the  first  meeting,  draw  lots  for  their  respective  terms 
of  office,  for  one,  two  and  three  years.  When  vacancies 
occur,  the  remaining  director  or  directors  shall  without 
delay,  order  an  election  to  fill  such  vacancies ;  which  elec- 
tion shall  be  held  on  Saturday.  Notices  of  all  elections 
in  organized  districts  shall  be  given  by  the  directors,  at 
least  ten  days  previous  to  the  day  of  said  election.  Said 
notices  shall  be  posted  in  at  least  three  of  the  most  pub- 
lic places  in  the  district,  and  shall  specify  the  place  where 
such  election  is  to  be  held,  the  time  of  opening  and  clos- 
ing the  polls,  and  the  question  or  questions  to  be  voted 
on.  Should  the  directors  fail  or  refuse  to  order  any  reg- 
ular or  special  election  as  aforesaid,  it  shall  be  the  duty 
of  the  township  treasurer  to  order  such  election ;  and  if 
he  fails  to  do  so,  then  it  shall  be  the  duty  of  the  county 
superintendent  to  order  such  election  of  directors  within 
ten  days,  in  each  case  of  such  failure  or  refusal ;  and  the 
election  held  in  pursuance  of  such  order  shall  be  valid, 
the  same  as  if  ordered  by  the  directors.  Two  of  the  di- 
rectors ordering  the  election  shall  act  as  judges,  and  one 
as  clerk  of  said  election.  But  if  said  directors,  or  any  of 
them,  shall  fail  to  order  an  election,  to  attend,  or  [shall] 
refuse  to  act  when  present,  and  in  unorganized  districts, 
the  legal  voters,  when  assembled,  shall  choose  such  ad- 
ditional number  as  may  be  necessary  to  act  as  two  judges 
and  a  clerk  of  said  election:  Provided,' thsit  if,  upon  the 
day  appointed  for  said  election  the  said  directors  or 
judges  shall  be  of  opinion  that,  on  account  of  the 
small  attendance  of  voters,  the  public  good  requires  it,  or 
if  the  voters  present,  or  a  majority  of  them,  shall  desire 
it,  they  shall  postpone  said  election  until  the  next  Satur- 
day, at  the  same  place  and  hour,  when  the  voters  shall 
proceed  as  if  it  were  not  an  adjourned  meeting:  And 
provided,  also,  that  if  notice  shall  not  have  been  given  as 
above  required,  then  said  election  may  be  ordered  as 
aforesaid,  and  holden  on  the  third  Saturday  in  April,  or 
any  other  Saturday,  notice  thereof  being  given  as  afore- 
said. In  case  of  a  tie  the  judges  shall  decide  it  by  lot  on 
the  day  of  election.  The  directors,  within  ten  days  after 
the  annual  election  of  the  directors,  shall  meet  and  organ- 
ize by  appointing  one  of  their  number  president  and 
another  of  their  number  clerk,  who  shall  keep  a  record 
of  all  the  official  acts  of  the  board  in  a  well  bound  book 


29 

provided  for  that  purpose,  which  record  shall  be  signed 
by  the  president  and  clerk,  and  shall  be  submitted  to  the 
township  treasurer  for  his  inspection  and  approval  on  the 
first  Mondays  of  April  and  October,  and  at  such  other  times 
as  the  township  treasurer  may  require.  The  board  of  di- 
rectors shall  hold  regular  meetings  at  such  times  as  they  Meetings, 
shall  designate ;  and  they  may  hold  special  meetings,  as 
occasion  may  require,  at  the  call  of  the  president  or  any 
two  members,  and  no  ojB&cial  business  shall  be  transacted  business 
by  the  board  except  at  a  regular  or  special  meeting.  If  to  be  done  ex- 
the  president  or  clerk  be  absent  from  any  meeting,  ot^^q^^j^^J  ^ 
refuse  to  perform  his  official  duties,  a  president  or  clerk 
pro  tempore  shall  be  appointed.  The  clerk  of  each  board 
of  school  directors  shall  report  to  the  township  treasurer 
or  treasurers  of  the  proper  township  or  townships,  imme-  Reports, 
diately  after  the  organization  of  the  board,  the  names  of 
the  president  and  clerk,  and  on  or  before  the  seventh  day 
of  July,  annually,  such  statistics  and  other  information 
in  relation  to  the  schools  of  their  respective  districts,  as 
the  township  treasurer  is  required  to  embody  in  his  report 
to  the  county  superintendent,  and  the  particular  statistics 
to  be  so  reported  shall  be  determined  and  designated  by 
the  State  Superintendent  of  Public  Instruction.  At  the 
annual  election  of  directors,  the  directors  shall  make  a  de- 
tailed report  of  their  receipts  and  expenditures  to  the 
voters  there  present,  a  copy  of  which  shall  be  transmitted 
to  the  township  treasurer  within  five  days  of  the  time  of 
said  election.  They  shall  also  report  the  number  and 
names  of  persons  above  the  age  of  twelve  years  and  under 
twenty-one,  residing  in  the  district,  who  are  unable  to 
read  and  write,  and  the  causes  of  the  neglect  to  educate 
them.  Directors  are  authorized  to  use  any  funds  belong- 
ing to  their  district,  and  not  otherwise  appropriated,  for 
the  purchase  of  a  suitable  book  for  their  records,  and  the 
said  records  shall  be  kept  in  a  punctual,  orderly  and  re- 
liable manner.  They  may  also,  where  they  deem  the 
amount  of  labor  done,  sufficient  to  justify  it,  allow  out  of  Se  oierk!^^' 
such  funds  a  compensation  to  said  clerk  for  duties  actu- 
ally performed.  Within  ten  days  after  every  election  of 
directors  the  judges  shall  cause  the  poll-book  to  be  deliv- 
ered to  the  township  treasurer,  with  a  certificate  thereon.  Poii-book. 
showing  the  election  of  said  directors  and  the  names  of 
the  persons  elected ;  which  poll-book  shall  be  filed  by  the 
township  treasurer,  and  shall  be  evidence  of  said  election. 
In  the  case  of  a  union  district  made  up  of  parts  of  two 
or  more  townships  the  poll-book  shall  be  returned  to  the 
township  treasurer  who  receives  the  tax  money  of  said  dis- 
trict. For  failure  to  deliver  said  poll-book  within  the  time 
prescribed,  the  judges  shall  be  liable  to  the  same  penalty  as 
is  prescribed  in  section  thirty  (30),  which  penalty  may  be 
recovered  in  the  same  manner  as  is  provided  in  said  sec-  Non-resi- 
tion,  and  when  collected  shall  be  added  to  the  district  dence  creates 
funds.    If  any  trustee  or  director  shall  not  be  an  inhab-  the  office.^ 


# 


80 


itant  of  the  district  or  township  which  he  represents,  an 
election  shall  be  ordered  to  fill  the  vacancy ;  and  no  per- 
Trustee  or  son  shall  be  at  the  same  time  a  director  and  trustee, 
no?  b^e 'iSer- shall  a  director  or  trustee  be  injterested  in  any  con- 
ested  in   a  tract  made  by  the  board  of  which  he  is  a  member.  [As 
t?act?^         amended  by  an  act  approved  June  3,  1879.] 

§  43.    For  the  purpose  of  establishing  and  supporting 
Power  to  tax.  ^^^^  schools  for  not  less  than  five  nor  rnore  than  nine 
months  in  each  year,  and  defraying  all  the  expenses  of  the 
same,  of  every  description;  for  the  purpose  of  repairing 
and  improving  school  houses  ;  of  procuring  furniture,  fuel, 
libraries  and  apparatus,  and  for  all  other  necessary  incidental 
expenses  in  each  district  village  or  city,  anything  in  any 
special  charter  to  the  contrary  notwithstanding,  the  direc- 
tors of  such  district  and  the  authorities  of  such  village  or 
city  shall  be  authorized  to  levy  a  tax,  annually,  upon  all 
the  taxable  property  of  the  district,  village  or  city,  not  to 
exceed  two  per  cent,  for  educational,  and  three  per  cent, 
for  building  purposes,  to  be  ascertained  by  the  last  assess- 
Limitations.  ment  for  State  and  county  taxes.    They  may  also  appro- 
priate to  the  purchase  of  libraries  and  apparatus,  any 
surplus  funds,  after  all  necessary  school  expenses  are  paid, 
in  purchlise  of         when  any  school  district  shall  own  any  personal 
library.        property  not  needed  for  school  purposes,  the  directors  of 
such  district  may  sell  such  property  at  public  or  private 
sale,  as  in  their  judgment  will  be  for  the  best  interest  of 
sonai%rop- the  district,  and  the  proceeds  of  such  sale  shall  be  paid 
erty.  over  to  the  treasurer  of  such  district  for  the  benefit  of 

said  school  district :  Provided,  no  such  sale  shall  be  made 
until  the  same,  and  manner  and  terms  thereof,  shall  be 
authorized  by  vote  of  the  district.  [As  amended  by  an 
act  approved  June  3,  1879.] 

^^erUflcateof  |  44^  The  directors  of  each  district  shall  ascertain,  as 
near  as  practicable,  annually,  how  mucli  money  must  be 
Time  of  re-  raised  by  special  tax  for  school  purposes  during  the  en- 
turn,  suing  year  which  amount  shall  be  certified  and  returned 
to  the  township  treasurer,  on  or  before  the  first  Tuesday 
of  August,  annually.  The  certificate  of  the  directors  may 
be  in  the  following  form,  viz : 

"We  hereby  certify  that  we  require  the  amount  of  

[dollars]  to  be  levied  as  a  special  tax  for  school  purposes, 

on  the  taxable  property  of  our  district,  for  the  year  IS  

Given  under  our  hands  this ....  day  of  18 . . 

A.  B.  )  Directors,  district  No ....  township 

CD.}-    No  ,  range  No .... ,  county  of 

E.  F.  i  State  of  Illinois." 

It  shall  be  the  duty  of  the  township  treasurer  to  return 
said  certificates  to  the  county  clerk  on  or  before  the  second 
Monday  of  August :  and  whenever  the  boundaries  of  the 
districts  of  the  township  shall  have  been  changed,  the 
township  treasurer  shall  return  to  the  county  clerk,  with 
jyiap.  the  certificates,  a  map  of  the  township  showing  such 

changes,  and  certified  as  required  in  the  thirty-third  sec- 


« 


31 


tion  of  this  act.    When  a  district  lies  partly  in  two  or 

more  counties,  the  directors  shall  determine  and  certify ,  ^is^^^ict  i  n 

TWO  POll'^*^lP^ 

the  amounts  to  be  levied  on  the  taxable  property  lying  in 
each  county,  and  return  the  same  to  the  county  treasurer, 
who  shall  return  them  to  the  respective  county  clerks,  as 
hereinbefore  provided :  Provided,  that  in  order  to  deter- 
mine the  amount  to  be  levied  on  the  taxable  property  of 
the  part  of  the  district  lying  in  each  county,  the  directors 
shall  ascertain  from  the  county  clerks  of  the  respective 
counties  in  which  such  district  lies,  the  last  ascertained 
equalized  value  of  the  taxable  property  of  such  district 
lying  in  their  respective  counties,  and  shall  then  ascertain 
the  rate  per  cent,  required,  and  shall  apportion  the  whole 
amount  to  be  raised  between  the  several  parts  of  the  dis- 
trict so  lying  in  different  counties,  accordingly.  And  it 
shall  be  the  duty  of  the  county  clerk  of  each  county  to 
deliver  to  the  directors  of  such  district,  on  their  applica- 
tion a  certificate  showing  the  last  ascertained  equalized 
value  of  the  taxable  property  in  that  part  of  such  district 
lying  in  such  county.  [As  amended  by  an  act  approved 
June  8,  1879.] 

§  45.    According  to  the  amount  certified  as  aforesaid,  county  clerk 
the  said  county  clerk  when  making  out  the  tax  books  to  compute 
for  the  collector,  shall  compute  each  taxable  person's  tax 
in  said  district,  upon  the  total  amount  of  taxable  prop- 
erty as  equalized  by  the  State  Board  of  Equalization  for 
that  year,  lying  and  being  in  said  district  whether  belong- 
ing to  residents  or  non-residents,  and  also  each  and  every 
tract  of  land  assessed  by  the  assessor,  which  lies,  or  the 
largest  part  of  which  lies  in  said  district.    The  said 
county  clerk  shall  cause  each  person's  tax  so  computed 
to  be  set  upon  the  tax  book  to  be  delivered  to  the  col- 
lector for  that  year,  in  a  separate  column,  against  each 
taxpayer's  name  or  parcel  of  taxable  property,  as  it  ap- 
pears in  said  collector's  book,  to  be  collected  in  the  same 
manner  and  at  the  same  time,  and  by  the  [same]  persons,  collection  of 
*as  State  and  county  taxes  are  collected.    It  shall  be  the  district  tax. 
duty  of  assessors,  when  making  assessments  of  personal 
property  to  designate  the  number  of  the  school  district  Assessors  to 
in  which  each  person  so  assessed  resides ;  which  designa-  district, 
tion  shall  be  made  by  writing  the  number  of  such  district 
opposite  each  person's  assessment  of  personal  property, 
in  a  column  provided  for  that  purpose  in  the  assess- 
ment roll  returned  by  the  assessor  to  the  county  clerk. 
It  shall  be  the  duty  of  the  county  clerk  to  copy  said  p^^y 
numbers  of  school  districts,  as  returned  by  the  assessor,  ty  clerk, 
into  the  collector's  book,  and  to  extend  the  school  tax  on 
each  person's  assessment  of  personal  property  according 
to  the  rate  required  by  the  amount  designated  by  the 
directors  of  the  school  district  in  which  such  person  resides. 
It  is  hereby  made  the  duty  of  the  proper  of&cers,  in  pre- 
paring blank  books  and  notices  for  the  use  of  assessors, 
to  provide  columns  and  blanks  for  the  use  of  assessors  as 


32 

above  described.    The  computations  of  each  person's  tax, 
uniform       ^""^^        ^^^^  made  by  the  clerk,  as  aforesaid,  shall  be 
final    and    conclusive :     Provided,    the    rate    shall  be 
uniform,   and  shall  not  exceed    that   required  by  the 
amount  certified  by  the  board  of  directors ;  and  the  said 
county  clerk,  before  delivering  the  tax  book  to  the  collect- 
or, shall  make  out  and  send  by  mail  to  each  township 
treasurer  of  the  respective  townships  in  the  county,  a 
Certiflc.ite  certificate  of  the  amount  due  each  district,  or  fraction  of 
eaoif ^district!  ^  district  in  his  township,  of  said  tax,   so  levied  and 
placed  upon  the  tax  books,  and  on  or  before  the  first  day 
of  April  next  after  the  delivery  of  the  tax  books  contain- 
ing the  computation  and  levy  of  said  taxes  aforesaid,  or 
so  soon  thereafter  as  the  township  treasurer  shall  present 
the  said  certificate  of  the  amount  of  said  tax,  and  make 
CoJleotor  to  ^  demand  therefor,  the  mid   collector  shall  pay  to  said 
pay  to  town-  township  treasurer  the  full  amount  of  said  tax  so  certified 
by  the  county  clerk,  or  in  case  any  part  thereof  remains 
uncollected,  said  collector  shall,  in  addition  to  the  amount 
collected,  deliver  to  said  township  treasurer  a  statement 
of  the  uncollected  taxes  for  each  district  of  such  township, 
taking  of  the  township  treasurer  his  receipt  therefor, 
which  receipt  shall  be  evidence,  as  well  in  favor  of  the 
collector  as  against  the  township  treasurer ;   and  said 
treasurer  shall  enter  the  amount  collected  in  his  books, 
under  the  proper  heads,   and  pay  the  same  out  as  pro- 
in  districts  "dieted  for  by  this  act.    When  a  district  is  composed  of 
lyingin  two  or  parts  of  two  or  more  townships,  the  directors  shall  detei- 
Siips.^  own-  j^^j^g  ^j^^  inform  the  collectors  of  said  townships,  and  the 
collector  or  collectors  of  the  county  or  counties  in  which 
said  townships  lie,  in  writing  under  their  hands  as  direc- 
tors, which  of  the  treasurers  of  the  townships  from  which 
their  district  is  formed,  shall  demand  and  receive  the  tax 
money  collected  by  the  said  collectors,  as  aforesaid.  [As 
amended  by  an  act  approved  June  3,  1879.] 
FaUure^of    §  46.    If  any  collector  shall  fail  to  pay  the  amount  of 
^^to'?paT    said  tax,  or  any  part  thereof,  as  required  in  the  aforesaid 
section,  it  shall  be  competent  for  the  township  treasurer, 
or  other  authorized  person,  to  proceed  against  such  col- 
lector and  his  securities  in  an  action  of  debt  in  any  court 
of  competent  jurisdiction ;  and  the  said  collector,  so  in 
default,  shall  pay  twelve  per  centum  upon  the  amount 
due,  to  be  assessed  as  damages,  which  shall  be  included 
in  the  judgment  rendered  against  him :    Provided,  no  col- 
lector shall  be  liable  for  such  part  of  said  tax  as  he  shall 
be  able  to  make  appear  he  could  not  have  collected  by 
law,  until  he  may  be  able  to  so  collect  such  amount. 

Vote  neces-    §  47.    For  the  purpose  of  building  school  houses,  or 
^^^rowing^^'  purchasing  school  sites,  or  for  repairing  and  improving 
money,    same,  the  directors,    by   a  vote    of  the   people  at  an 
election  called  and  conducted  as  required  in  the  forty- 
second  (42)  section  of  this  act  (a  majority  of  the  votes  cast 
shall  be  necessary  to  authorize  the  directors  to  act)  may 


borrow  money,  issuing  bonds  executed  by  the  officers,  or 
at  least  two  members  of  the  board,  in  sums  of  not  less 
than  one  hundred  dollars  ($100) ;  but  the  rate  of  interest  shall 
not  exceed  eight  per  cent.,  nor  shall  the  sum  borrowed  in 
any  one  year  exceed  five  per  cent,  (including  existing  in-  Limit, 
debtedness)  of  the  taxable  property  of  the  district,  to  be 
ascertained  by  the  last  assessment  for  the  State  and 
county  taxes  previous  to  the  incurring  of  such  indebtedness, 
nor  shall  the  tax  levied  in  any  one  year  for  building  limited 
school  houses  exceed  three  per  cent,  of  said  taxable  prop-  to  three  per 
erty,  except  to  pay  indebtedness  contracted  previous  to  ^fjjj^-""^^'^^*^^' 
the  passage  of  this  act.    All  bonds  authorized  to  be  issued 
by  virtue  of  the  power  granted  by  this  act,  before  being  • 
so  issued,  negotiated  and  sold,  shall  be  registered,  num- 
bered, and  countersigned  by  the  school  treasurer  of  the 
township  wherein  the  school  house  of  such  district  is,  or  Registry  of 
is  to  be  located.    Such  register  shall  be  made  in  a  "bond^°"^^" 
register"  book  to  be  kept  for  that  purpose,  and  in  this 
register  shall  first  be  entered  the  record  of  the  election, 
authorizing  the  directors  to  borrow  money,  and  then  a 
description  of  the  bonds  issued  by  virtue  of  such  author- 
ity, as  to  number,  date,  to  whom  issued,  amount,  rate  of 
interest,  and  when  due.    All  moneys  borrowed  under  au- 
thority granted  by  this  section  shall  be  paid  into  the 
school  treasury  of  the  township  wherein  the  bonds  issued 
therefor  are  required  to  be  registered ;  and,  upon  receiv- 
ing said  moneys,  the  treasurer  shall  deliver  the  bond  or 
bonds  issued  therefor  to  the  parties  entitled  to  receive  the 
same,  and  shall  credit  the  funds  received  to  the  district 
issuing  the  bonds,  and  enter  in  the  "bond  register"  the 
exact  amount  received  for  each  and  every  bond  issued, 
and  when  any  such  bonds  are  paid,  the  township  treasurer 
shall  cancel  the  same,  and  shall  enter  in  the  "bond  regis- 
ter," against  the  record  of  such  bonds  the  words  "paid 

and  canceled  this    day  of   ,  A.  D  ,"  cancellation 

filling  the  blanks  with  the  day,  month  and  year  corre-  of  bonds, 
sponding  with  the  date  of  such  payment.    [As  amended 
by  an  act  approved  May  11,  1877 ;  and  by  an  act  approved 
June  3,  1879.] 

§  48.    The  directors  of  each  district  are  hereby  declared 
a  body  politic  and  corporate,  by  the  name  of  "school  ^j^j^j^^Q^Jf^^^^^ 

directors  of  district  No  ,  township  No  ,  range 

county  of   and  the  State  of  Illinois," 

and  by  that  name  may  sue  and  be  sued  in  all  courts  and 

places  whatever.    Two  (2)  directors  shall  be  a  quorum  for 

business.    The  directors  shall  be  liable  as  dn^ectors  for    Liable  for 

the  balance  due  teachers,  and  for  all  debts  legally  con-  balances  due 

tracted.    They  shall  establish  and  keep  in  operation  for 

at  least  one  hundred  and  ten  (110)  days  of  actual  teach-  one°^?imdred 

ing  in  each  year,  without  reduction  by  reason  of  closing  and  ten  days. 

schools  upon    legal  holidays,   or  for  any  other  cause, 

and  longer  if  practicable,  a  sufficient  number  of  free 

schools  for  the  accommodation  of  all  children  in  the  dis-  attendl^^ 


84 


trict  over  the  age  of  six  (6)  and  under  twenty-one  (21) 
years,  and  shall  secure  to  all  such  children  the  right  and 
opportunity  to  an  equal  education  in  such  free  schools, 
re  uiations^^ -^^^^  shall  adopt  and  enforce  all  necessary  rules  and 
regu  a  ions.  j.gg^|g^j^;[Q]^g  fgj.  ^y^Q  management  and  government  of  the 

schools,  and  shall  visit  and  inspect  the  same,  from  time 
to  time,  as  th^  good  of  the  schools  may  require.  They 
teachers?^^^'^^  ^^^^^  appoint  all  teachers,  fix  the  amount  of  their  salar- 
ies, •  and  may  dismiss  them  for  incompetency,  cruelty, 
negligence,  immorality,  or  other  sufficient  cause.  They 
shall  have  power  to  assign  pupils  to  the  several  schools. 
To  fix  They  shall  direct  what  branches  of  study  shall  be  taught, 
study^^and ^i^d  what  text  books  and  apparatus  shall  be  used  in  the 
textbooks,    several  schools,  and  strictly  enforce  uniformity  of  text 
books  therein,  but  shall  not  permit  text  books  to  be 
changed  oftener  than  once  in  four  (4)  years.    They  shall 
^^^have  power  to  purchase,  at  the  expense  of  the  district,  a 
poor  children!  sufficient  number  of  the  text  books  used  to  supply  child- 
ren whose  parents  are  not  able  to  buy  them.    The  text 
books  bought  for  such  purpose  shall  be  loaned  only ;  and 
the  directors  shall  require  the  teacher  to  see  that  they 
are  properly  cared  for  and  returned  at  the  end  of  each 
andex^  uision  ^^■'^■'^      school.    They  may  suspend  or  expel  pupils  who 
an  expu  sion  guilty  of  gross  disobedience  or  misconduct,  and 

no  action  shall  lie  against  them  for  such  expulsion  or 
.  Children  Suspension ;  and  may  provide  that  children  under  twelve 
under  twelve,  ^-j^2)  years  of  age  shall  not  be  confined  in  school  more 
than  four  (4)  hours  daily.    It  shall  not  be  lawful  for  a 
board  of  directors  to  purchase  or  locate  a  school  house 
site,  or  to  purchase,  build,  or  move  a  school  house,  or  to 
Vote  of  the  ^^^J  ^  extend  schools  beyond  nine  (9)  months, 

district    re-  without  a  voto  of  the  people  at  an  election  called  and 
quired.        conducted  as  required  in  the  forty-second  (42d)  section  of 
this  act;  a  majority  of  the  votes  cast  shall  be  necessary 
to  authorize  the  directors  to  act :  Provided,  that  if  no  one 
locality  shall  receive  a  majority  of  all  the  votes  cast  at 
such  election,  the  directors  may,  if  in  their  judgment  the 
public  interests  require  it,  proceed  to  select  a  suitable 
school  house  site;  and  the  site  so  chosen  by  them  shall, 
in  such  case,  be  legal  and  valid,  the  same  as  if  it  had 
been  determined  by  a  majority  of  the  votes  cast;  and  the 
Land  for  site  site  SO  Selected  by  either  of  the  methods  above  provided, 
taken  by  con-  shall  be  the  school  house  sit»  for  such  district ;  and  said 
demnation.    ^|-g|.^'g|.  g^^jj  ^^^^  ^j^^  ^.^gj^^  to  take  the  Same  for  the 

purpose  of  a  school  house  site,  either  with  or  without  the 
owner's  consent ;  and  in  case  the  compensation  to  be  paid 
for  such  site  cannot,  for  any  reason,  be  agreed  upon  or 
determine^  between  the  school  directors  and  the  parties 
interested  in  the  land  taken  for  such  site,  then  it  shall 
be  the  duty  of  the  directors  of  such  district  to  proceed 
to  have  such  compensation  determined  in  the  manner 
which  may  be  at  the  time  provided  by  law  for  the  exer- 
cise of  the  right  of  eminent  domain :  Provided,  that  no 
tract  of  land  lying  outside  the  limits  of  any  incorporated 


35 


city  or  village,  and  lying  within  forty  (40)  rods  of  the 
dwelling  house  of  the  owner  of  the  land,  shall  be  taken 
for  a  school  site  without  the  owner's  consent,  [As 
amended  by  an  act  approved  June  3,  1879,  and  by  an 
act  approved  May  31,  1881.] 

OF  JUDGMENTS  AND  EXECUTIONS  AGAINST  BOARDS  OF  TRUSTEES 

OR  SCHOOL  DIRECTORS. 

■  §  49.  If  judgment  shall  be  obtained  against  any  town- 
ship board  of  trustees  or  school  directors,  the  party  enti-  Payment 
tied  to  the  benefit  of  such  judgment  may  have  execution  compelled, 
therefor,  as  follows,  to-wit :  It  shall  be  lawful  for  the 
court  in  which  such  judgment  shall  be  obtained,  or  to 
which  such  judgment  shall  be  removed  by  transcript  or 
appeal  from  a  justice  of  the  peace,  or  other  court,  to  issue 
thence  a  writ,  commanding  the  directors,  trustees  and 
treasurer  of  such  township  to  cause  the  amount  thereof, 
with  interest  and  costs,  to  be  paid  to  the  party  entitled 
to  the  benefit  of  said  judgment^  out  of  any  moneys  unap- 
propriated, of  said  township  or  district,  or,  if  there  be  no 
such  moneys,  out  of  the  first  moneys  applicable  to  the 
payment  of  the  kind  of  services  or  indebtedness  for  which 
such  judgment  shall  be  obtained,  which  shall  be  received 
for  the  use  of  such  township  or  district,  and  to  enforce 
obedience  to  such  writ  by  attachment,  or  by  mandamus 
requiring  such  board  to  levy  a  tax  for  the  payment  of 
said  judgment ;  and  all  legal  process,  as  well  as  writs  to 
enforce  payments  of  a  judgment,  shall  be  served  either 
on  the  president  or  clerk  of  the  board. 

EXAMINATION  AND    QUALIFICATIONS  OF  TEACHERS. 

§  50.    No  teacher  shall  be  authorized  to  teach  a  com- 
mon school  under  the  provisions  of  this  act,  who  is  not  of  Quaiifleat'ons 
good  moral  character,  and  who  does  not  possess  a  cer-  —branches, 
tificate  as  required  by  this  section.    It  shall  be  the  duty 
of  the  county  superintendent  to  grant  certificates  to  such 
persons  as  may,  upon  due  examination,  be  found  quali-" 
fied ;  and  said  certificates  shall  be  of  two  grades :  those 
of  the  first  grade  shall  be  valid  for  two  years,  and  shall  r^^^^  grades 
certify  that  the  person  to  which  such  certificate  is  given  of  certificates 
is  qualified  to  teach  orthography,  reading  in  English,  pen- 
manship, arithmetic,  English  grammar,  modern  geography, 
the  elements  of  the  natural  sciences,  the  history  of  the 
United  States,  physiology  and  the  laws  of  health.  Cer- 
tificates of  the  second  grade  shall  be  valid  for  one  year, 
and  shall  certify  that  the  person  to  whom  such  certificate 
is  given  is  qualified  to  teach  orthography,  reading  in 
English,  penmanship,  arithmetic,  English  grammar,  mod- 
ern geography  and  the  history  of  the  United  States.  The 
county  superintendent  may,  at  his  option,  renew  said  revocation^^^ 
certificates  at  their  expiration,  by  his  endorsement  there- 


S6 


on,  and  may  revoke  the  same  at  any  time,  for  immorality, 
incompetency,  or  other  just  cause.  Said  certificates  may 
be  in  the  following  form,  viz. : 

 ,  Illinois,   ,  18  , 

 County. 

The  undersigned,  having  examined    in  orthography, 

reading  in  English,  penmanship,  arithmetic,  English  grammar,  modern 
geography,  the  history  of  the  United  States,  and  being  satisfied  that 

 is  of  good  moral  character,  hereby  certifies  that  

Form  of  cer-  qualifications  in  the  above  branches  are  such  as  to  entitle  to 

tificate.  this  certificate  being  of  the  grade,  and  valid  in  said  county  for  

year  from  the  date  thereof,  renewable  at  the  option  of  the  county  superin- 
tendent by  his  endorsement  thereon. 

Given  under  my  hand  and  seal  at  the  date  aforesaid. 

A.  B.,  County  Superintendent  of  Schools. 

In  any  county  in  which  a  county  normal  school  is 
established,  under  the  control  of  a  county  board  of  edu- 
Graduates  of  cation,  the  diplomas  of  graduates  in  said  normal  school 
mS'sxThoois^'  shall,  when  directed  by  said  board,  be  taken  by  the  county 
superintendent  as  sufficient  evidence  of  qualifications  to 
entitle  the  holder  to  a  first  class  certificate.    Each  county 
Eecord.        superintendent  shall  also  keep  a  record,  in  a  book  pro- 
vided for  that  purpose,  of  all  teachers  to  whom  he  grants 
certificates.    Said  record  shall  show  the  date  and  grade 
of  e%ch  certificate  granted,  and  the  name,  age  and  nativity 
of  each  teacher;  and  shall  give  the  names  of  male  and 
female  teachers  separately.    Said  record  may  be  as  fol- 
lows, viz : 


Name. 

Age. 

Nativity. 

Date. 

Grade . 

Eemarks. 

Chas.  Thompson. 

25. 

Illinois, 

March  1,  1864. 

1. 

Has  taught5  years 

A  copy  or  transcript  of  said  record  shall  be  transmitted 
flcat^e^s  ^^'^^^"by  t^^®  county  superintendent,  with  his  regular  report,  to 
^'^  the  State  Superintendent.    The  State  Superintendent  of 

Public  Instruction  is  hereby  authorized  to  grant  State 
certificates  to  such  teachers  as  may  be  found  worthy  to 
receive  them,  which  shall  be  of  perpetual  validity  in  every 
county  and  school  district  in  the  State.  But  State  cer- 
tificates shall  only  be  granted  upon  public  examination, 
of  which  due  notice  shall  be  given,  in  such  branches  and 
upon  such  terms,  and  by  such  examiners  as  the  State 
Superintendent  and  the  principals  of  the  normal  univer- 
sities may  prescribe,  Said  certificates  may  be  revoked  by 
the  State  Superintendent  upon  proof  of  immoral  or  unpro- 
fessional conduct.  Every  school  established  under  the 
provisions  of  this  act  shall  be  for  the  instructions  in  the 
branches  of  education  prescribed  in  the  qualifications  for 
of  teachers,  and  in  such  other  branches,  including  vocal 
music  and  drawing,  as  the  directors  or  the  voters  of  the  dis- 
trict, at  the  annual  election  of  directors,  may  prescribe. 
[As  amended  by  an  act  approved  March  30,  1874.] 
Examina-  §  51.  It  shall  be  the  duty  of  the  county  superintendents 
county  super- to  hold  meetings  at  least  quarterly,  and  oftener  if  neces- 
intendents.  sary,  for  the  examination  of  teachers,  on  such  days  and 
at  such  places  in  the  respective  counties  as  will,  in  their 


Kind 
schools 
quired. 


opinion,  accommodate  the  greatest  number  of  persons 
desiring  such  examination.  Notice  of  such  meetings  shall 
be  published  a  sutficient  length  of  time,  in  at  least  one 
newspaper  of  general  circulation,  the  expense  of  such 
publication  to  be  paid  out  of  the  school  fund.  The  county 
superintendent  shall,  in  all  cases,  require  the  payment  of  *o  be 

a  fee  of  one  dollar  from  every  applicant  for  examination  for^  ^^se  . 
a  teacher's  certificate,  and  for  each  renewal  of  such  a  certifi- 
cate, he  shall  require  the  payment  of  a  fee  of  one  dollar.  All 
moneys  so  received,  and  the  registration  fees  hereinafter 
provided  for,  he  shall  transmit  monthly  to  the  county  treas- 
urer, to  be  by  him  held  and  designated  as  the  institute  fund, 
and  with  the  same,  the  county  superintendent  shall  give  the 
treasurer  a  list  of  the  names  of  the  persons  paying  such 
fees.  Said  fund  shall  be  paid  out  by  the  county  treasurer, 
only  upon  the  order  of  the  county  superintendent,  and  only 
to  defray  the  expenses  of  the  teachers'  institutes,  which  the 
county  superintendent  is  by  this  section  authorized  to  hold. 
The  county  superintendent  shall  take  vouchers  for  all  pay- 
ments made  out  of  the  institute  fund,  and  he  shall  render 
an  account  of  such  disbursements  with  vouchers  for  the 
same  to  the  county  board  at  their  regular  meeting  in  Sep- 
tember, annually.  The  county  superintendent  shall  hold,  qq^^^ 
annually,  a  teachers'  institute,  continuing  in  session  not  less  perintende^nt 
than  five  days,  for  the  instruction  of  teachers  and  those  who  e?!?^nfttrtutes 
may  desire  to  teach,  and  with  the  concurrence  of  the  State 
Superintendent  of  Public  Instruction,  procure  such  assist- 
ance as  may  be  necessary  to  conduct  the  same  at  such 
time  as  the  schools  in  the  county  are  generally  closed : 
Provided,  that  two  or  more  adjoining  counties  may  hold 
an  institute  together.  At  every  such  institute  instruction 
shall  be  free  to  such  as  hold  certificates  good  in  the 
county  (or  counties,  where  two  or  more  join  to  hold  an 
institute)  in  which  the  institute  is  held ;  but  the  county 
superintendent  shall  require  all  others  attending,  to  pay 
him  a  registration  fee  of  one  dollar,  except  those  who 
have  paid  an  examination  fee  as  required  by  this  act, 
and  failed  to  receive  a  certificate.  [As  amended  by  an 
act  approved  June  3,  1879,  and  by  an  act  approved  June 
23,  1883.] 

TEACHERS — THEIR  DUTIES. 

§  52.  No  teacher  shall  be  entitled  to  any  portion  of  the 
common  school  or  township  fund,  or  other  public  fund,  gy^tmcate^^^ 
or  be  employed  to  teach  any  school  under  the  control  of  ^  ^' 
any  board  of  directors  of  any  school  district  in  this  State, 
who  shall  not,  at  the  time  of  his  employment,  have  a  cer- 
tificate of  qualification,  obtained  under  the  provisions  of 
this  act,  entitling  him  to  teach  during  the  entire  term  of 
his  contract,  nor  shall  any  teacher  be  paid  any  portion 
of  the  school  or  public  fund  aforesaid,  unless  he  shall 
have  kept  and  furnished  schedules  as  herein  directed,  and 
—3 


fo?\^he  prop- ^^^^^  have  satisfactorily  accounted  for  the  books,  apparatus 
erty  of  the  and  other  property  of  the  district  that  he  may  have  taken 
district.       -^j^  charge.    [As  amended  by  an  act  approved  June  3,  1879.] 

Teachers  §  53.  Teachers  shall  keep  correct  daily  registers  of  their 
registers.^  ^  ^  ^c^iQols,  wliich  shall  exhibit  the  name,  age  and  attendance 
of  each  pupil,  the  day  of  the  week,  the  month  and  the 
year.  Said  registers  shall  be  as  nearl^^  as  may  be  in  the 
following  form,  the  absence  of  each  scholar  being  signified 
by  a  mark,  the  presence  by  a  blank,  viz : 

Eegistek  of  a  common  school  kept  hy  A  B  at  ,  in  district  num- 

.^^rm  of  reg-    5er  in  township  number  ,  range  of  the  principal 

meridian,  in  the  county  of  ,in  the  State  of  Illinois. 


Names  and  ages  oe  schol- 
ars ATTENDING  SCHOOL. 


Names. 


Ages. 


GO  00 


00  00 


OOi  00 


m 
o 
tr 


John  Smith   

Isaa"  Meisler  

Sarah  Danforth... 
Mary  Newman  


Grand  total  No.  of 
days  


10 
13 
16 
18 


15 
11 
20 
18 


64 


Males. 

Females. 

Total. 

Number  of  scholars  

2 

2 

4 

 3.2 

Said  registers  shall  be  furnished  to  the  teachers  by  the 
school  directors ;  and  each  teacher  shall,  at  the  end  of 
his  term  of  school,  return  his  register  to  the  clerk  of  the 
school  board  of  the  district.  Teachers  shall  make  sched- 
ules of  the  names  of  all  scholars  under  twenty-one  (21) 
years  of  age  attending  their  schools,  in  the  form  prescribed 
by  this  act ;  and  when  scholars  reside  in  two  (2)  or  more 
g  ^^(3 J. g  districts,  townships  or  counties,  separate  schedules  shall 
shall  'make be  kept  for  each  district,  township  or  county.  The  sched- 
ule to  be  made  and  returned  by  the  teacher  shall  be,  as 
near  as  circumstances  will  permit,  in  the  following  form, 
viz : 


schedules. 


89 


Schedule  of  a  common  school  kept  by  ,  at  in  district  number  , 

in  township  number  range  number   of  the  principal  meri-  Porm  of 

dian,  in  the  county  of  ,  in  the  State  of  Illinois.    Names  and  ages  of  schedule. 

scholars  residing  in  district  mimber...,  intownsJtip  number  north,  range 

 west,  county,  who  have  attended  in  my  school  during  the  time  begin- 
ning the  day  '>f  18..,  and  ending  the  day  of  ,  18. .,  during 

which  time  the  school  was  in  session  school  days. 


Names. 


Days 
attended. 


John  Smith  

Isaac  Meisler — 
Sarah  Danforth. 
Mary  Newman.. 


Grand  total  number  of  days'  attendance 


15 
11 

20 
18 

64 


Males. 

Females. 

Total. 

2 

2 

4 

Average  daily  attendance  

3.2 

And  said  teacher  shall  add  up  the  whole  number  of 
days'  attendance  of  each  scholar,  and  make  out  the  grand 
total  number  of  days'  attendance.  He  shall  also  note  the 
whole  number  of  scholars,  giving  the  males  and  females 
separately,  the  average  daily  attendance,  and  shall  set 
the  age  of  each  pupil  opposite  the  name  of  said  pupil,  as 
in  form  above  prescribed,  and  shall  attach  thereto  his 
certificate,  which  shall  be  in  the  following  form,  viz : 


I  certify  that  the  foregoing  schedule  of  scholars  attending  my  school,  as 
therein  named,  and  residing  as  specified  in  said  schedule,  to  the  best  of  my 
knowledge  and  belief,  is  correct. 

A  B  ,  Teacher. 

T^63.cliGr  to 

When  the  teacher  shall  have  completed  his  or  her  deliver 
schedule  or  schedules,  as  above  required,  he  or  she  shall  dir editors .^^ 
deliver  it  to  some  one  (1)  of  the  directors,  who  shall  give 
the  teacher  a  receipt  for  the  same,  and  it  shall  be  the 
duty  of  said  director,  in  connection  with  one  (1)  other 
director  of  the  board  to  carefully  examine  such  schedule 
or  schedules,  and  after  correcting  &11  errors,  if  they  shall 
find  such  schedule  to  have  been  kept  according  to  law, 
they  shall  certify  to  the  same,  as  near  as  practicable,  in 
the  following  form,  viz : 


40 


Certificate  of  State  oi^*  Illinois,  I 

directors.   County,  s 

We,  the  undersigned,  directors  of  (or  members  of  boards  of  education) 
 in  township  number  ,  range  number  ,  in  the  county- 
aforesaid,  certify  that  we  have  examined  the  foregoing  schedule  and  find 
the  same  to  be  correct,  and  that  the  school  was  conducted  according  to 

law;  that  the  teacher  is  paid  as  per  contract  dollars  per  ;  that  the 

said  teacher  has  a  legal  certificate  of  grade,  and  that  the  property  of  the 

district  in  charge  of  such  teacher  has  been  satisfactorily  accounted  for. 
"Witness  our  hands  this  day  of  ,18.. 


Directors, 

^^g^^^eachers'  Teachers'  wages  are  hereby  declared  due  and  payable 
abie^monthiy.  monthly ;  and  upon  certifying  to  the  schedule  as  afore- 
said, the  directors  may  at  once  make  out  and  deliver  to 
the  teacher  an  order  upon  the  township  treasurer  for  the 
amount  named  in  the  schedule ;  which  order  shall  state 
the  rate  at  which  the  teacher  is  paid  according  to  his 
contract,  the  limits  of  the  time  for  which  the  order  pays, 
and  that  the  directors  have  duly  certified  a  schedule  cov- 
ering this  time,  but  it  shall  not  be  lawful  for  the  directors 
b(?drawn°un- draw  an  order  until  they  have  duly  certified  to  the 
til  schedule  schedule ;  nor  shall  it  be  lawful  for  the  directors  after 
tifled.^^^  the  date  for  filing  schedules,  as  fixed  by  law,  to  certify 
any  schedule  not  delivered  to  them  before  that  date  by 
the  teacher,  when  such  schedule  is  for  time  taught  before 
the  first  of  July  preceding,  nor  to  give  an  order  in  pa^y- 
ment  of  the  teacher's  wages  for  the  time  covered  by  such 
delinquent  schedule.  If  auy  order  drawn  for  the  payment 
of  a  teacher  is  presented  to  the  township  treasurer  for 
payment,  and  is  not  paid  for  want  of  funds,  the  treasurer 
shall  make  a  written  statement  over  his  signature  by  an 
endorsement  upon  such  order,  with  date,  showing  such 
presentation  and  non-payment,  and  shall  make  and  keep 
dei-^'io^^drar  ^  ^^cord  of  sucli  endorsement.  Such  order  shall  thereaf- 
imerest.  ^'^  ter  draw  interest  at  the  rate  of  eight  (8)  per  cent,  per 
annum,  until  paid,  or  until  the  treasurer  shall,  in  writ- 
ing, notify  the  clerk  of  the  board  of  directors  that  he  has 
funds  to  pay  such  order,  and  of  said  notice  the  treasurer 
shall  make  and  keep  a  record;  and  after  giving  such 
notice  he  shall  hold  the  funds  necessary  to  pay  such 
order  until  it  is  presented  for  payment,  and  such  orders 
shall  draw  no  interest  after  the  giving  of  said  notice  to 
said  clerk  of  the  board.  [As  amended  by  an  act  approved 
June  3,  1879,  and  by  an  act  approved  May  31,  1881.] 

Filing  sched-  §  54.  Schedules  made  and  certified  as  aforesaid, 
and  covering  all  time  taught  during  the  school  year  end- 
ing June  3j,  shall,  on  or  before  the  seventh  day  of  July, 
annually,  be  delivered  by  the  directors  to  the  township 
Liability  of  ^I'^^^^'^^^r ;  and  the  directors  shall  be  personally  liable  to 

directors.  the  district  for  any  loss  sustained  by  it  through  their 
failure  to  examine  and  deliver  to  the  township  treasurer 

School  month  all  Schedules  within  the  time  fixed  by  law.  The  school 
month  shall  be  the  same  as  the  calendar  month;  but 
teachers  shall  not  be  required  to  teach  upon  Saturdays, 
Holidays,    legal  holidays — these  being  New  Year's,  Fourth  of  July 


4 


and  Christmas — and  thanksgiving  and  fast  days  appointed 
by  the  national  or  state  authority;  nor  shall  they  be 
required  to  make  up  the  time  lost  by  closing  school  upon 
such  days  or  upon  such  special  holidays  as  may  be 
granted  the  schools  by  the  board  of  directors.  [As 
amended  by  an  act  approved  June  3,  1879,  and  by  an 
act  approved  May  31,  1881.] 

TOWNSHIP  TREASURER — HIS  DUTIES. 

§  55.  The  township  treasurer,  appointed  by  the  board  Bond, 
of  trustees,  shall,  before  entering  upon  his  duties,  execute 
a  bond,  with  two  or  more  freeholders,  who  shall  not  be 
members  of  the  board,  as  securities,  payable  to  the  board 
of  the  township  for  which  he  is  appointed  treasurer,  with 
a  sufficient  penalty  to  cover  all  liabilities  which  may  be 
incurred,  conditioned  faithfully  to  perform  all  the  duties 
of  township  treasurer  in  township  range  in 

....  county,  according  to  law.  The  bond  shall  be  ap- 
proved by  at  least  a  majority  of  the  board,  and  shall  be 
delivered  by  one  of  the  trustees,  to  the  county  superin- 
tendent of  the  proper  county.  And  in  all  cases  where 
such  treasurer  aforesaid  is  to  have  the  custody  of  all 
bonds,  mortgages,  moneys  and  effects  denominated  prin- 
cipal, and  belonging  to  the  township  for  which  he  is 
appointed  treasurer,  the  penalty  of  said  treasurer's  bond 
shall  be  twice  the  amount  of  said  bonds,  notes,  mort- 
gages, moneys  and  effects ;  and  shall  provide  for  the 
faithful  accounting  for,  and  turning  over,  of  all  such 
bonds,  notes,  mortgages,  moneys  and  effects,  as  shall 
come  into  his  hands  while  he  may  act  as  such  treasurer 
under  such  appointment  to  his  successor,  when  appointed 
and  qualified  as  herein  provided  by  giving  bond.  The 
penalty  of  said  bond  shall  be  increased  from  time  to 
time,  as  the  increase  of  the  amount  of  notes,  bonds, 
mortgages  and  effects  may  require,  and  whenever  in  the 
judgment  of  the  trustees  or  county  superintendent,  the 
security  is  insufficient.  Any  and  every  township  treasurer 
appointed  subsequent  to  the  first,  as  herein  provided, 
shall  execute  bond  with  security,  as  is  required  of  the 
first  treasurer.  The  bond  required  in  this  section  shall 
be  in  the  following  form,  viz : 

STATE  OF  ILLINOIS. 

 County.  S 

Know  all  men  by  these  presents,  that  we.  A.  B..  C.  D.,  and  E.  F.,  are  held  xi^_rn  of  ho 
and  flrnalr  bound,  jointly  and  severally,  unto  the  board  of  trustees  of  town- 

ship  rangre  in  said  county,  in  the  penal  sum  of  dollars,  for 

the  payment  of  which  we  bind  ourselves,  our  heirs,  executors  and  admin- 
istrators, firmly  by  these  presents. 

In  witness  whereof,  we  liave  hereunto  set  our  hands  and  seals  this  

day  of  A.  D.  18.. 

The  condition  of  the  above  obligation  is  such  that  if  the  above  bounden 

A.  B.,  township  treasurer  of  township   ,  range   ,  in  the  county 

aforesaid,  shall  faithfully  discharge  all  the  duties  of  said  office  according 
to  the  laws  which  now  are  or  may  hereafter  be  in  force,  and  sliall  deliver  to 
his  successor  in  office,  after  such  successor  shall  have  fully  qualified,  by 
giving  bond  as  provided  by  law,  all  moneys,  books,  papers,  securities  and 
property  which  shall  come  into  his  hands  or  control,  as  such  township 
treasurer,  from  the  date  of  this  bond  up  to  the  time  that  his  successor  shall 


42 


have  duly  qualified  as  township  treasurer,  by  giving  such  bond  as  shall  be 
required  by  law,  then  his  obligation  to  be  void;  otherwise  to  remain  in  full 
force  and  virtue. 


Approved  and  accepted  by 
G.  H. ) 
L.  J.  } 
K.  L. ) 

[As  amended  by  an  act  approved  June  3, 1879.] 


A.  B.  [sbatj.] 

C.  D.  [SEAL.] 
E.  F.  [SEAL.] 


Accounts  of  §  56.  Every  township  treasurer  shall  provide  himself 
treasurer.  bound  books,  the  one  to  be  called  a  cash 

book,  the  other  a  loan  book.  He  shall  charge  himself  in 
the  cash  book  with  all  moneys  received,  stating  the 
charge,  when,  from  whom,  and  on  what  account  received ; 
and  credit  himself  with  all  moneys  paid  or  loaned,  stat- 
ing the  amount  loaned,  the  date  of  the  loan,  the  rate  of 
interest,  the  time  when  payable,  the  name  of  the  securi- 
ties, or,  if  real  estate  be  taken,  a  description  of  the  same. 
He  shall  also  enter,  in  separate  accounts,  moneys  re- 
ceived and  moneys  paid  out,  charging  the  first  to  debit 
account,  and  crediting  the  latter  as  follows,  to-wit : 

First. — The  principal  of  the  township  fund,  when  paid 
in,  and  when  paid  out. 

Second. — The  interest  of  the  township  fund,  when  re- 
ceived, and  when  paid  out. 

Third. — The  common  school  fund  and  other  funds,  when 
received  from  the  county  superintendent,  and  when  paid 
out. 

Fourth. — The  taxes  received  from  the  county  or  town 
collector,  distinguishing  between  that  for  general  school 
purposes  and  that  levied  for  the  purpose  of  prolonging 
schools. 

Fifth. — Donations  received. 

Sixth. — Moneys  coming  from  all  other  sources ;  and  in 
all  cases  entering  the  date  when  received,  and  when  paid 
out.  And  he  shall  also  arrange  and  keep  his  books  and  ac- 
counts in  such  other  manner  as  may  be  directed  by  the 
State  or  county  superintendent,  or  the  board  of  trustees. 
He  shall  also  provide  a  book,  to  be  called  a  journal,  in 
which  he  shall  record,  fully  and  at  length,  the  acts  and 
proceedings  of  the  board,  their  orders,  by-laws  and  reso- 
lutions.   And  he  shall  also  provide  a  book,  to  be  called 
Eeeord  of  ^  ^'^^ord,  in  which  he  shall  enter  a  brief  description  of 
notes  and  all  notes  or  bonds  belonging  to  the  township,  and  upon 
bonds.         ii^Q  opposite  page  he  shall  note  down  when  paid,  or  any 
remarks  to  show  where  or  in  what  condition  it  is,  as  in 
the  following  form,  viz : 


Makers'  Names 

Date  of  Note. 

When  Due. 

Amt. 

Remarks. 

AB,  CD,  EF. 

January  1,  18—. 

January  1,  18—. 

$90  00 

January  6th,  18—. 
handed  to  I.  J.,  for 
collection,  (or  Janu- 
ary tith,  18—  paid.) 

43 


All  the  books  and  accounts  of  the  treasurer  shall  at  all  .    Subject  to 
times  be  subject  to  the  inspection  of  the  trustees,  directors  ^^^^^*^^^*^^* 
or  other  person  authorized  by  this  act,  or  by  any  com- 
mittee appointed  by  the  voters  of  the  township,  at  the 
annual  election  of  trustees,  to  examine  the  same. 

§  57.    Township  treasurers  shall  loan,  upon  the  follow- rp.j.j^gQfiQ^^j^j. 
ing  conditions,  all  moneys  which  shall  come  to  their 
hands  by  virtue  of  their  office,  except  such  as  may  be 
subject  to  distribution.    The  rate  of  mterest  shall  not  be 
less  than  six  (6)  per  cent,  nor  more  than  eight  (8)  per  cent, 
per  annum,  payable  half-yearly  in  advance,  the  rate  of  inter- 
est to  be  determined  by  a  majority  of  the  township  trustees, 
at  any  regular  or  special  meeting  of  their  board.  No 
loans  shall  be  made  for  less  than  six  (6)  months,  or  more 
than  five  (5)  years.    For  all  sums  not  exceeding  one  hun- 
dred dollars  ($100),  loaned  for  not  more  than  one  (1)  year, 
two  (2)  responsible  sureties  shall  be  given  ;  for  all  sums  over 
one  hundred  dollars  ($100),  and  for  all  loans  for  more 
than  one  (1)  year,  security  shall  be  given  by  mortgage  on 
real  estate,  unincumbered,  in  value  double  the  amount 
loaned,  with  a  condition  that  in  case  additional  security 
shall  at  any  time  be  required,  the  same  shall  be  given  to 
the  satisfaction  of  the  board  of  trustees  for  the  time 
being:    Provided,  that  nothing  herein  shall  prevent  the  ^chooibonds 
loaning  of  township  funds  to  boards  of  school  directors,  may  be  taken, 
taking  bonds  therefor,  as  provided  in  section  forty-seven 
(47)  of  this  act.    Notes,  bonds,  mortgages  and  other  secur- 
ities taken  for  money  or  other  property,  due  or  to  become 
due  to  the  board  of  trustees  for  the  township,  shall  be  ran^to^boarS 
payable  to  the  said  board  by  their  corporate  name ;   and  of  trustees, 
in  such  name  suits,  actions  and  complaints,  and  every 
description  of  legal  proceedings,  may  be  had  for  the  re- 
covery of  money,  the  breach  of  contracts,  and  for  every 
legal  liability  which  may  at  any  time  arise  or  exist,  or 
upon  which  a  right  of  action  shall  accrue  to  the  use  of 
this  corporation :    Provided,  however,  that  notes,  bonds, 
mortgages  and  other  securities,  in  which  the  name  of  the 
county  superintendent  or  of  the  trustees  of  schools  are  in- 
serted, shall  be  valid  to  all  intents  and  purposes ;  and  suit 
shall  be  brought  in  the  name  of  the  board  of  trustees,  as 
aforesaid.    The  wife  of  the  mortgagor  (if  he  has  one)  shall 
join  in  the  mortgage  given  to  secure  the  payment  of 
money  loaned  by  virtue  of  the  provisions  of  this  act.   surplus  dis- 
Where  there  is  a  surplus  of  funds  in  the  treasurer's  ii^^^^s  ^j^^be^io^n'd 
belonging  to  any  school  district,  he  may  loan  the  same  ^'^^ 
for  the  use  and  benefit  of  said  district,  upon  the  written 
request  of  the  directors  of  such  district,  and  not  other- 
wise ;  and  all  such  loans  shall  be  on  the  same  conditions 
as  are  prescribed  in  this  section  for  the  loaning  of  town- 
ship funds.    The  township  treasurer  shall,  on  or  before  Township 
the  thirtieth  (80th)  day  of  September,  annually,  prepare  g^^l^^^Q^^j^/^ 
and  deliver  to  the  county  superintendent  of  his  county  a  superintend'- 
statement,  verified  by  affidavit,  showing  the  exact  condi- o?\oans.^^^  ^ 


* 


44 


tion  of  the  township  funds.  Said  statement  shall  contain 
a  description  of  the  securities,  bonds,  mortgages  and  notes 
belonging  to  the  township,  giving  the  names  of  securities, 
dates,  amounts  of  loan,  rate  of  interest,  when  due,  and 
all  data  by  which  a  full  understanding  of  the  conditions 
of  the  funds  may  be  obtained.  The  county  superintend- 
ent shall  preserve  said  statement  for  the  use  of  the  town- 
ship. [As  amended  byan  act  approved  June  3,  1879,  and 
by  an  act  approved  May  31,  IfcSl.] 

§  58.  Mortgages  to  secure  the  payment  of  money 
loaned  under  the  provisions  of  this  act  may  be  in  the 
following  form,  viz : 

Form    of    I,  A  B,  of  the  county  of  and  State  of  ,  do  hereby 

mortgage.      grant,  convey  and  transfer  to  the  board  of  trustees  of  township  , 

range  ,  in  the  county  of  ,  and  State  of  Illinois,  for  the  use  of 

the  inhabitants  of  said  township,  the  following  described  real  estate,  to-wit: 
(Here  insert  premise-^.)  Which  real  estate  I  declare  to  be  in  mortgage  for  the 

payment  of  dollars,  loaned  to  me,  and  for  the  payment  of  all  interest 

that  may  accrue  thereon,  to  be  computed  at  the  rate  of  per  cent,  per 

annum  until  paid.  And  I  do  hereby  covenant  to  pay  the  said  sum  of  money  in 
—  years  from  the  date  hereof,  and  to  pay  interest  on  the  same  at  the  rate  afore- 
said, half-yearly  in  advance.  I  further  covenant  thatlhave  agood  and  valid 
title  to  Sfiid  estate,  and  that  the  same  is  free  from  all  incumbrance;  and 
that  I  will  pay  all  taxes  and  assessments  which  may  be  levied  on  said 
estate;  and  that  I  will  give  any  additional  security  that  may  at  any  lime  be 
required,  in  writing,  by  said  board  of  trustees;  and  if  said  estate  be  sold  to 
pay  said  debt,  or  any  part  thereof,  or  for  any  failure  or  refusal  to  comply 
with  or  perform  the  conditions  or  covenants  herein  contained,  I  will  deliver 
immediate  possession  of  the  premises:  and  we,  AB,  and  C,  wife  of  AB, 
hereby  release  all  right  to  the  said  premises  wnich  we  may  have  by  virtue 
of  any  homestead  laws  of  this  State;  and  in  consideration  of  the  premises, 
C,  wife  of  said  A  B,  doth  hereby  release  to  the  said  board  all  her  right  and 
title  of  dower  in  the  aforegranted  premises,  for  the  purposes  aforesaid. 

In  testimony  whereof,  we  have  hereunto  set  our  hands  and  seals,  this  

day  of  ,  18—. 

A  B.  [SEAL.] 
0  D.  [SEAL.] 

Which  mortgage  shall  be  acknowledged  and  recorded, 
as  is  required  by  law  for  other  conveyances  of  real  estate, 
the  mortgagor  paying  the  expenses  of  acknowledgment 
and  recording. 

§  59.    Upon  the  breach  of  any  condition  or  stipulation 
contained  in  said  mortgage,  an  action  may  be  maintained 
mortgage  damages  recovered  as  upon  other  covenants ;  but 

mortgages  made  in  any  other  form  to  secure  payment  as 
aforesaid,  shall  be  valid  as  if  no  form  had  been  prescribed. 
In  estimating  the  value  of  real  estate  mortgaged  to  secure 
the  payment  of  money  loaned  under  the  provisions  of 
this  law,  the  value  of  improvements  liable  to  be  destroyed 
shall  not  be  included. 

§  60.    In  all  cases  where  the  board  of  trustees  shall 
require  additional  security  for  the  payment  of  money 
g^^^dditionai  loaned,  and  such  security  shall  not  be  given,  the  town- 
securi  y.      ^^^.^  treasurer  shall  cause  suit  to  be  instituted  for  the 
recovery  of  the  same,  and  all  interest  thereon  to  the  date 
.  Preferen'^e of  judgment:    Provided,  that  proof  be  made  of  the  said 
8i7e^  to*schoo!  I'equisition.     In  the  payment  of  debts  by  executors  and 
fund.  administrators,  those  due  the  common  school  or  township 

fund  shall  have  a  preference  over  all  otber  debts,  except 
funeral  and  other  expenses  attending  the  last  sickness, 


t 


45 


not  including  the  physician's  bill.  And  it  shall  be  the 
duty  of  the  township  treasurer  to  attend  at  the  office  of 
the  probate  justice,  upon  the  proper  day,  as  other  cred- 
itors, and  have  any  debts,  as  aforesaid,  probated  and 
classed,  to  be  paid  as  aforesaid. 

S  61.    If  default  be  made  in  the  payment  of  interest  r>of,„if 

,  Ti  ,  -jii  Deiault  in 

due  upon  money  loaned  by  any  county  supermtendent  or  payment- 
township  treasurer,  or  in  the  payment  of  the  principal, 
interest  at  the  rate  of  twelve  per  cent,  per  annum  shall 
be  charged  upon  the  principal  and  interest  from  the  day 
of  default,  which  shall  be  included  in  the  assessment  of^®^^^*^- 
damages,  or  in  the  judgment  in  suit  or  action  brought 
upon  the  obligation  to  enforce  payment  thereof;  and  in- 
terest as  aforesaid  may  be  recovered  in  action  brought  to 
recover  interest  only.    And  the  said  township  treasurers  Action  to  re- 
are  hereby  empowered  to  bring  appropriate  actions,  in  the  cover  interest 
name  of  the  board  of  trustees,  for  the  recovery  of  the  half 
yearly  interest,  when  due  and  unpaid,  without  suing  for 
the  principal,  in  whatever  form  secured,  and  justices  of 
the  peace  shall  have  jurisdiction  of  such  cases  of  all  sums 
of  two  hundred  dollars. 

§  62.    All  suits  brought,  or  actions  instituted,  under  the  i^janner  of 
provisions  of  this  act,  may  be  brought  in  the  name  of  the  bringing  suits 
"board  of  trustees  of  township   ,  range  ex- 
cept as  is  provided  for  action  qui  tarn  in  this  act,  or  in 
favor  of  county  superintendents.    The  township  treasurer 
shall  demand,  receive  and  safely  keep,  according  to  law, 
all  moneys,  books  and  papers  of  every  description  belong- 1.  ^^^|^ip^ 
ing  to  his  township.    He  shall  keep  the  township  fund  treasurer, 
loaned  at  interest ;  and  if,  on  the  first  Monday  in  Octo- 
ber in  any  year,  there  shall  be  any  interest  or  other  funds 
on  hand  which  shall  not  be  required  for  distribution,  such 
amount,  not  required,  as  aforesaid,  may,  if  the  board  of 
trustees  see  proper,  forever  be  considered  as  principal  in 
the  funds  to  which  it  belongs,  and  loaned  as  such. 

§  63.    On  the  first  Mondays  of  April  and  October,  of 
every  year,  the  township  treasurer  shall  lay  before  the  semi-annu- 
board  of  trustees  a  statement  showing  the  amount  of  in-  ai  statement 
terest,  rents,  issues  and  profits  that  have  accrued  or  be-  trubtees. 
come  due  since  their  last  regular  half  yearly  meeting,  on 
the  township  lands  and  township  funds,   and  also  the 
amount  of  state  and  county  fund  interest  on  hand.  He 
shall  also  lay  before  the  said  trustees  all  books,  notes, 
bonds,  mortgages  and  all  other  evidences  of  indebtedness 
belonging  to  the  township,  for  the  examination  of  the 
trustees,  and  shall  make  such  other  statement  as  the 
board  may  require  touching  the  duties  of  his  office.  He 
shall  make  out,   annually,  and  present  to  the  board  of  Annual  ex- 
trustees  at  their  meeting  succeeding  the  annual  election,  hibit. 
a  complete  exhibit  of  the  fiscal  affairs  of  the  township, 
and  of  the  several  districts  or  parts  of  districts  in  the 
township,  showing  the  receipts  of  moneys,  and  the  sources 
from  which  they  have  been  derived,  and  the  deficit  and 


46 


delinquencies,  if  there  be  any,  and  the  cause,  as  well  as 
a  classified  statement  of  moneys  paid  out,  the  amount  of 
obligations  remaining  unpaid.    And  he  shall,  within  two 

the^districts.^  ^^y^  ^^^^^  Monday  of  April  and  of  October  in 

each  year,  make  out  for  each  district  or  part  of  district 
in  the  township,  a  statement  or  exhibit  of  the  exact  con- 
dition of  the  account  of  such  district  or  part  of  district ; 
which  statement  or  exhibit  shall  show  the  balance  at  the 
time  of  making  the  last  exhibit  and  the  amount  received 
since  up  to  the  time  of  making  the  exhibit,  and  when  and 
from  what  source  received ;  it  shall  also  show  the  amount 
paid  out  during  the  same  time,  to  whom  paid  and  for 
what  purpose;  it  shall  be  balanced  and  balance  shown. 
The  exhibit  shall  be  subscribed  and  sworn  to  by  the 
treasurer  before  any  officer  authorized  to  administer  an 
oath,  and  shall  then,  by  the  treasurer  be,  without  delay, 
delivered  or  transmitted  by  mail  to  the  clerk,  of  the  board 
of  directors  of  the  proper  district,  and  it  shall  be  the  duty 
of  said  clerk  upon  receiving  such  exhibit,  to  enter  the 
same  upon  the  records  of  the  district ;  and  at  the  next 
annual  election  of  directors  thereafter,  the  directors  shall 
Exhibit  to  cause  a  copy  of  such  exhibits  to  be  posted  up  at  the  front 

be  posted,  Jqq^  where  such  election  is  held  :  Provided,  that  the  first 
exhibit,  made  under  the  requirements  of  this  act,  shall 
be  made  within  two  days  after  the  first  Monday  of  Octo- 
ber, 1879,  and  shall  commence  with  the  balance  on  the 
first  Monday  in  April,  1879.  And  for  a  failure  on  the  part 
of  the  treasurer,  clerk  of  any  board  of  directors,  or  any 
director  to  comply  with  any  of  the  requirements  of  this 
section,  required  of  him,  he  shall  be  liable  to  penalty  of 
not  less  than  five  dollars  nor  more  than  fifty  dollars,  to 
be  recovered  before  any  justice  of  the  peace  of  the  county 
in  which  the  offense  is  committed :  Provided,  further,  that 
it  shall  be  the  duty  of  said  treasurer  to  comply  with  any 
demand  the  said  trustees  may  make  as  to  the  verification 
of  any  balance  reported  to  be  on  hand.  [As  amended  by 
an  act  approved  June  3,  1£79.] 

abirforTaii-  §  64.  For  any  failure  or  refusal  to  perfoi'm  all  the  du- 
ure.  ties  required  of  township  treasurer  by  law,  he  shall  be 

liable  to  the  board  of  trustees  upon  his  bond,  to  be  re- 
covered by  action  of  debt  by  said  board,  in  their  corpor- 
ate name,  for  the  use  of  the  proper  township,  before  any 
court  having  jurisdiction  of  the  amount  of  damages 
claimed ;  but  if  said  treasurer,  in  any  such  failure  or  re- 
fusal, acted  under  and  in  conformity  to  a  requisition  or 
order  of  said  board,  or  a  majority  of  them,  entered  upon 
their  journal  and  subscribed  by  their  president  and  clerk, 
then  and  in  that  case  the  members  of  the  said  board, 
aforesaid,  or  those  of  them  voting  for  said  requisition  or 
when  acting  order,  aforesaid,  and  not  the  treasurer,  shall  be  liable, 
^ng^r ^orders  jointly  and  severally,  to  the  inhabitants  of  the  township, 
to  be  recovered  by  an  action  of  assumpsit,  in  the  official 
name  of  the  county  superintendent  of  schools,  for  the  use 
of  the  proper  township. 


47 


§  65.    When  a  township  treasurer  shall  resign,^  or  be  ^^^f^i^l'  ^1^' 
removed,  and  at  the  expiration  of  his  term  of  office,  he  to  be  turned 
shall  pay  over  to  his  successor  in  office  all  money  on  ^g|gQ^g_ 
hand,  and  deliver  over  all  books,  notes,  bonds,  mortgages, 
and  all  other  securities  for  money,  and  all  papers  and 
documents  of  every  description,  in  which  the  corporation 
may  have  any  interest  whatever ;  and  in  case  of  the  death 
of  the  township  treasurer,  his  securities  and  legal  represent- 
atives shall  be  bound  to  comply  with  the  requisitions  of 
this  section.     And  for  any  failure  to  comply  with  the  .  Penalty  and 
requisitions  of  this  section,  he  shall  be  liable  to  a  penalty''^  gment. 
of  not  less  than  ten  nor  more  than  one  hundred  dollars, 
at  the  discretion  of  the  court  before  which  judgment  may 
be  obtained;  and  the  obtaining  or  payment  of  said  judg- 
ment shall  in  nowise  discharge  or  diminish  the  obligation 
of  his  official  bond. 

TOWNSHIP  AND  COUNTY  SCHOOL  FUNDS. 

§  66.    All  bonds,  notes,  mortgages,  moneys  and  effects,  g^^jg 
which  have  heretofore  accrued,  or  may  hereafter  accrue  teenth  sec- 
from  the  sale  of  the  sixteenth  section  of  the  common  ^^°^* 
school  lands  of  any  township  or  county,  or  from  the  sale 
of  any  real  estate  or  other  property,  taken  on  any  judg- 
ment or  for  any  debt  due  to  the  principal  of  any  town- 
ship or  county  fund,  and  all  other  funds  of  every  de- 
scription, which  have  been,  or  may  hereafter  be  carried 
to  and  made  part  of  the  principal  of  any  township  or 
county  fund,  by  any  law  which  has  heretofore  been,  is 
now,  or  may  hereafter  be  enacted,  are  hereby  declared  to 
be  and  shall  forever  constitute  the  principal  of  the  town-  Principal  o^ 
ship  or  county  fund,  respectively,  and  no  part  thereof  towns'p  funa. 
shall  ever  be  distributed  or  expended  for  any  purpose 
whatever,  but  shall  be  loaned  out,  and  held  to  use,  rent 
or  profit,  as  provided  by  law.    But  the  interest,  rents, 
issues  and  profits,  arising  and  accruing  from  the  principal 
of  said  township  or  county  fund,  shall  be  distributed  in  ^/j^^®  g^^J* 
the  manner  and  at  the  times  as  provided  in  this  act;  nor 
shall  any  part  of  such  interest,  rents,  issues  and  profits  be 
carried  to  the  principal  of  the  respective  funds,  except  as 
provided  in  section  sixty-two  of  this  act. 

§  67.    School  funds  collected  from  special  taxes,  levied  Moneys  paid 
by  order  of  school  directors,  or  from  the  sale  of  property  out  upon  or- 
belonging  to  any  district,  shall  be  paid  out  on  the  order 
of  the  proper  board  of  directors ;   and  all  other  moneys 
and  school  funds,  liable  to  distribution,  paid  into  the 
township  treasury,  or  coming  into  the  hands  of  the  town- 
ship treasurer,  shall,  after  said  funds  shall  have  been  ap- 
portioned by  the  township  trustees,  as  required  in  section 
thirty-four  of  this  act,  be  paid  out  only  on  the  order  of 
the  proper  board  of  directors,  signed  by  the  president  and 
clerk  of  said  board,  or  by  a  majority  of  said  board.    But  ^ 
when  a  district  is  composed  of  parts  of  two  or  more  town-  tricts?^^ 


48 


ships,  the  township  treasurer  or  treasurers  who  do  not  re- 
ceive the  tax-money  of  said  district,  shall,  when  they  hold 
any  funds  belonging  to  said  district,  notify  the  directors 
thereof  of  the  amount  of  such  funds ;  and  the  directors 
shall  thereupon  give  the  treasurer  who  receives  the  tax- 
money  of  said  district,  an  order  for  such  funds,  and  upon 
receipt  thereof  he  shall  hold  them,  to  be  paid  out  as 
btftaken!^  aforesaid.  For  all  payments  made,  receipts  shall  be  taken 
and  filed.  In  all  such  orders,  shall  be  stated  the  purpose 
for  which,  or  on  what  account  drawn.  Said  orders  may 
be  in  the  following  form,  viz : 

Form  of  or-    The  trea-^iirer  of   ,  township  No  ,  range  No  ,  in  

der,  county,  will  pay  to  or  bearer,  dollars  and  cents 

[on  his  contract  for  repairing  school  house,  or  whatever  the  purpose  may 
bel. 

By  order  of  the  board  of  directors  of  school  district  No  ,  in  said  town- 
ship. 

A  B,  President. 
G  IJ,  Clerk. 

Which  order,  together  with  the  receipt  of  the  person  to 
whom  paid,  shall  be  filed  in  the  office  of  the  township 
treasurer:  Provided,  that  when  an  order  is  paid  in  full, 
such  order,  if  properly  endorsed  by  the  person  in  whose 
favor  it  was  drawnl  and  liis  assigns,  if  any,  or  by  the 
person  to  whom  paid,  if  drawn  payable  to  bearer,  shall 
be  a  sufficient  receipt,  for  the  purposes  of  this  section. 
[As  amended  by  an  act  approved  June  3,  1879.1 

^^Twc)-miii  §  68.  *The  common  school  fund  of  this  State  shall 
consist  of  the  proceeds  of  a  two-mill  tax,  to  be  levied 
upon  each  dollar's  valuation  of  the  property  in  the  State, 
annually,  until  otherwise  provided  by  law ;  the  interest 
on  what  is  known  as  the  School  Fund  Proper,  being  three 
per  cent,  upon  the  proceeds  of  the  sales  of  the  public 
lands  in  this  State,  one-sixth  part  excepted ;  and  the  in- 
terest on  what  is  known  as  the  Surplus  Eevenue,  dis- 
tributed by  act  of  Congress,  and  made  a  part  of  the 
common  school  fund  by  act  of  the  Legislature,  March  4, 
18o7. 

.^^tatetopay  §  69.  The  State  shall  pay  the  interest  mentioned  in 
the  next  preceding  section  at  the  rate  of  six  per  cent, 
per  annum,  annually,  to  be  paid  into  and  become  part 
of  said  school  fund. 

Auditor  to    8  70.    *0n  the  first  Monday  in  January,  in  each  and 
dend  and  is- every  year  next  after  taking  the  census  of  the  State,  the 
sue  warrants,  auditor  of  public  accounts  shall  ascertain  the  number  of 
children  in  each  county  in  the  State,  under  twenty-one 

*  In  section  one  of  an  act  to  provide  the  necessary  revenue  for  State  pur- 
poses, approved  May  3,  187:^,  it  was  provided  that  there  should  be  levied  "for 
State  school  purposes,  to  be  designated  State  School  Fund  (in  lieu  of  the 
two  mill  tax  therefor)  $1,000,000  annually,"  By  the  twenty-third  clause  of 
the  act  making  appropriations  the  same  year  for  the  expense  of  the  State 
government,  this  amount  was  appropriated  to  the  counties  from  the  State 
school  fund,  and  the  Auditor  was  authorized  to  "  issue  his  warrant,  on  the 
proper  evidence  that  the  amount  distributed  had  been  paid  to  the  county 
school  superintendent."  Substantially  the  same  course  has  been  taken  by 
the  subsequent  General  Assemblies. 


49 


years  of  age,  and  shall  thereupon  make  a  dividend  to 
each  county  of  the  sum  from  the  tax  levied  and  collected 
under  the  provisions  of  the  sixty-eighth  section  of  this 
act,  and  of  the  interest  due  on  the  school  fund  proper 
and  surplus  revenue,  in  proportion  to  the  number  of 
children  in  each  county  under  the  age  aforesaid,  and 
issue  his  warrant  to  the  superintendent  of  schools  of  each  ^^sis  of. 
county  upon  the  collector  thereof.  And  upon  presenta- 
tion of  said  warrant  by  the  county  superintendent  to  the 
collector  of  his  county,  said  collector  or  treasurer  shall 
pay  over  to  the  county  superintendent  the  amount  of  said 
warrant  out  of  the  first  funds  which  may  be  collected  by 
him,  and  not  otherwise  appropriated  by  law,  taking  said 
superintendent's  receipt  therefor.  The  warrants  issued  by  g^^^^  ^^^^^ 
the  Auditor  of  Public  Accounts  for  the  school  fund  tax  andurer  to^  re- 
for  the  interest  of  the  school  fund  proper  and  surplus  ^  |  j^Ys  Trom 
revenue,  shall  be  received  by  the  State  Treasurer  in  pay-  collectors, 
ment  of  amounts  due  to  the  State  from  county  collectors ; 
and  on  presentation  by  the  State  Treasurer  of  said  war- 
rants to  the  Auditor,  he  shall  issue  his  warrant  to  said 
Treasurer  on  the  school  fand  for  the  amount  of  the 
school  fund  tax  warrants  and  on  the  revenue  fund  for 
the  amount  of  the  warrants  for  interest  on  the  school 
fund  proper  and  surplus  revenue.  Dividends  shall  be 
made  as  aforesaid,  according  to  the  proportions  ascer- 
tained to  be  due  to  each  county,  annually  thereafter, 
until  another  census  shall  have  been  taken,  and  then 
dividends  shall  be  made  and  continued  as  aforesaid,  ac- 
cording to  the  last  census :  Provided,  that  if  any  col- 
lector shall  fail  or  refuse  to  pay  the  amount  of  the  afore- 
said warrant,  or  any  part  thereof,  by  the  first  day  of 
March,  annually,  or  so  soon  thereafter  as  it  may  be  pre-  cofelftors  to 
sented,  it  shall  be  competent  for  the  county  superintend- pay. 
ent  to  proceed  against  said  collector  and  his  securities  in 
an  action  of  debt,  in  any  court  having  competent  juris- 
diction ;  and  the  said  collector  shall  pay  twelve  per 
centum,  to  be  assessed  as  damages,  upon  the  amount 
due,  and  which  shall  be  included  in  the  judgment 
obtained  against  him. 

COMPENSATION  OF  OFFICEES. 

§  71.    *  Collectors  of  the  two  mill  tax,  authorized  under,  ^^^^ed  by  law. 
section  sixty-eight  of  this  act,  shall  be  entitled  to  such 
compensation  as  is  or  may  be  provided  by  law  for  the 
collection  of  taxes.    County  superintendents  of  schools 
shall  hereafter  receive,  in  full  for  all  services  performed 
by  them,  such  compensation  as  is  or  may  be  fixed  by 
law.    Said  compensation  shall  be  payable  quarterly,  out  , 
of  the  county  treasury,  upon  the  order  of  the  county  tions  for  in- 
clerk ;  and  county  boards  are  authorized  to  make  appro-  stitutes. 
priations  for  the  holding  of  county  teachers  institutes. 

*  See  note  at  foot  of  preceding  page. 


50 


§  72.  Township  treasurers  shall  receive,  in  full  for 
tion^of  ^treas"  ^^^^^^  services,  a  compensation,  to  be  fixed  prior  to  their 
urers^  election,  by  the  board  of  trustees.    Trustees  of  schools, 

school  directors  or  other  school  officers  performing  like 
duties,  shall  be  exempted  from  road  labor  and  from  mili- 
Exemption.  ^ary  duty.* 

LIABILITIES  OF  OFFICERS. 

§  73.  If  any  county  superintendent,  trustee  of  schools, 
Liable  to  in- township  treasurer,  director  or  any  other  person  in- 
i  m  p  r  i  s  o  n- trusted  With  the  care,  control,  management  or  disposition 
of  any  school,  college,  seminary  or  township  fund  for  the 
use  of  any  county,  township,  district  or  school,  shall  con- 
vert such  funds,  or  any  portion  thereof,  to  his  own  use, 
he  shall  be  liable  to  indictment,  and,  upon  conviction 
shall  be  fined  in  not  less  than  double  the  amount  of 
money  converted,  and  imprisoned  in  the  county  jail  not 
less  than  one  or  more  than  twelve  months,  at  the  discre- 
tion of  the  court. 

Tnisteesiia-    s  74,    Trustees  of  schools  shall  be  liable,  jointly  and 
ties  of  town-  severally,  lor  the  sumciency  01  securities  taken  irom  town- 
ship treasur-  gj^jp  treasurers ;  and  in  case  of  judgment  against  said 
treasurers  and  their  securities,  for  or  on  account  of  any 
default  of  such  treasurer,  on  which  the  money  shall  not 
be  made  for  want  of  sufficient  property  whereon  to  levy 
execution,  actions  on  the  case  may  be  maintained  against 
said  trustees  jointly  or  severally,  and  the  amount  not 
collected  on  said  judgment  shall  be  recovered  with  costs : 
Exception.  Provided,  that  if  said  trustees  can  show,  satisfactorily,  that 
the  security  taken  from  the  treasurer  as  aforesaid  was, 
at  the  time  of  said  taking,  good  and  sufficient,  they  shall 
not  be  liable  as  aforesaid. 

of  schoofoffi^    §  ^^^^  estate  of  county  superintendents,  of 

ceA%ound.  "  towiisliip  treasurers,  and  all  other  school  officers,  and  o^ 
the  securities  of  each  of  them,  shall  be  bound  for  the 
satisfaction  and  payment  of  all  claims  and  demands 
against  said  superintendents  and  treasurers  and  other 
officers,  as  such,  from  the  date  of  issuing  process  against 
them,  in  actions  or  suits  brought  to  recover  such  claims 
or  demands,  until  satisfaction  thereof  be  obtained;  and 
Lien.  no  sale  or  alienation  of  real  estate  by  any  superintendent, 
treasurer  or  other  officer,  or  security  aforesaid,  shall 
defeat  the  lien  created  by  this  section,  but  all  and  singu- 
lar such  real  estate  held,  owned  or  claimed  as  aforesaid, 
**  shall  be  liable  to  be  sold  in  satisfaction  of  any  judgment 

which  may  be  obtained  in  such  actions  or  suits. 

trustees"^^  to    §         Trustees  of  schools,  or  either  of  them,  failing  or 
make^returns.  refusing  to  make  returns  of  children  in  their  township, 
according  to  the  provisions  of  this  act,  or  if  either  of 


*  For  repeal  of  this  exemption  in  counties  not  under  township  organiza- 
tion, see  Laws  of  1873,  p.  158,  sec.  34;  p.  159,  sec.  37,  and  p.  162,  sec.  57. 


51 


them  shall  knowingly  make  a  false  return,  the  party  so 
offending  shall  be  liable  to  a  penalty  of  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars,  to  be  re- 
covered by  action  of  assumpsit,  before  any  justice  of  the 
peace  of  the  county ;  which  penalty,  when  collected,  shall 
be  added  to  the  township  fund ;  and  if  any  county  super- 
intendent, director  or  trustee,  or  either  of  them,  or  other 
officer  whose  duty  it  is,  shall  negligently  or  willfully  fail 
or  refuse  to  make,  furnish  or  communicate  the  statistics 
and  information,  or  sh?Jl  fail  to  discharge  the  duties  en- 
joined upon  them,  or  either  of  them,  at  the  time  and  in 
the  manner  required  by  the  provisions  of  this  act,  such  -p^^^ 
delinquent  or  party  offending  shall  be  liable  to  a  fine  of  twenty-tive 
twenty-five  dollars,  to  be  recovered  before  any  justice  of^°^^^^^* 
the  peace,  on  information,  in  the  name  of  the  People  of 
the  State  of  Illinois,  and  when  collected  to  be  paid  to 
the  county  superintendent  of  the  proper  county,  for  the 
use  of  schools ;  and  any  director  failing  to  perform  his    County  su- 
duties  as  director,  under  this  act,  may  be  removed  by  the  SSiy^^remo^e 
county  superintendent,  and  a  new  election  ordered,  as  in  director, 
other  cases  of  vacancy. 

§  77.  County  superintendents,  trustees  of  schools,  di- ^  Officers  re- 
rectors  and  townsnip  treasurers,  or  either  oi  them,  and  loss  of  funds, 
any  other  officer  having  charge  of  school  funds  or  pro- 
perty, shall  be  responsible  for  all  losses  sustained  by  any 
county,  township  or  school  fund,  by  reason  of  any  fail- 
ure on  his  or  their  part  to  perform  the  duties  required  of 
him  or  them  by  this  act,  or  by  any  rule  or  regulation 
authorized  to  be  made  by  this  act;  and  each  and 
every  one  of  the  officers  aforesaid  shall  be  liable  for  any 
such  loss  sustained  as  aforesaid,  and  the  amount  thereof 
may  be  recovered  in  a  civil  action  before  any  court  hav- 
ing jurisdiction  thereof,  at  the  suit  of  the  State  of  Illi- 
nois, for  the  use  of  the  county,  township  or  fund  injured ; 
and  the  amount,  when  collected,  shall  be  paid  to  the  pro- 
per officer,  for  the  benefit  of  said  county,  township  or 
fund  injured.  No  county,  city,  town,  township,  school 
district  or  other  public  corporation,  shall  ever  make  any  Perversion 
appropriations  or  pay  from  any  school  fund  whatever,  sectarfimpur- 
anything  in  aid  of  any  church  or  sectarian  purpose,  or  to  forWd- 
help  support  or  sustain  any  school,  academy,  seminary, 
college,  university  or  other  literary  or  scientific  institution 
controlled  by  any  church  or  sectarian  denomination  what- 
ever; nor  shall  any  grant  or  donation  of  money  or  other 
personal  property  ever  be  made  by  any  such  corporation 
to  any  church,  or  for  any  sectarian  purpose ;  and  any  ^ 
officer  or  other  person,  having  under  his  charge  or  direc- 
tion school  funds  or  property,  who  shall  pervert  the  same 
in  the  manner  forbidden  in  this  section,  shall  be  liable 
to  indictment,  and  upon  conviction  shall  be  fined  in  a 
sum  not  less  than  double  the  value  of  the  property  so 
perverted,  and  imprisoned  in  the  county  jail  not  less 
than  one  or  more  than  twelve  months,  at  the  discretion 


£2 


Penalties. 


of  the  court.    No  teacher,  State,  county,  township  or 
district  school  officer,  shall  be  interested  in  the  sale,  pro- 
scho"ofbooV?  profits  of  any  book,  apparatus  or  furniture  used 

etc.  '  or  to  be  used  in  any  school  in  this  State  with  which  such 

officer  or  teacher  may  be  connected,  and  for  offending 
against  the  provisions  of  this  section  shall  be  liable  to  in- 
dictment, and  upon  conviction  shall  be  fined  in  the  sum 
not  less  than  twenty-five  nor  more  than  five  hundred  dol- 
lars, and  may  be  imprisoned  in  the  county  jail  not  less 
than  one  nor  more  than  twelve  months,  at  the  discretion 
of  the  court. 

COSTS,  TENURE    OF   OFFICERS    AND   CONTRACTS  UNDER  FORMER 

LAW^S. 

§  73.    No  justice  of  the  peace,  probate  justice,  consta- 
bu'cfmr^ed*^       ^^^^^  court,  or  sheriff,  shall  charge  any  costs 

u  c  large  .  ^^-^  where  any  agent  of  any  school  fund,  suing  for 

the  recovery  of  the  same,  or  any  interest  due  thereon,  is 
plaintiff',  and  shall  be  unsuccessful  in  such  suit. 


OF  CITIES  AND  INCORPORATED  TOWNS. 

Sppcial  acts  §  '^9.  This  act  shall  not  be  so  construed  as  to  repeal 
not  repealed,  or  change,  in  any  respect,  any  special  acts  in  relation  to 
schools  in  cities  having  less  than  one  hundred  thousand 
inhabitants,  or  incorporated  towns,  townships  or  districts, 
except  that  it  shall  be  the  duty  of  the  several  boards  of 
education  or  other  officers  of  any  city  or  incorporated  town, 
township  or  district,  having  in  charge  schools  under  the 
provisions  of  any  of  the  said  special  acts,  or  of  any  ordi- 
nance of  any  city  or  incorporated  town,  on  or  before  the 
*fifteenth  day  of  August  preceding  each  regular  session  of 
the  General  Assembly  of  this  State,  or  annually,  if  re- 
quired so  to  do  by  the  State  Superintendent,  to  make  out 
and  render  a  statement  of  all  such  statistics  and  other 
information  in  regard  to  schools  and  the  enumeration  of 
persons  as  is  required  to  be  communicated  by  township 
boards  of  trustees  or  directors  under  the  provisions  of  this 
act,  or  so  much  thereof  as  may  be  applicable  to  said  cify 
or  incorporated  town,  to  the  county  superintendent  of  the 
county  where  such  city  or  incorporated  town  is  situated, 
or  of  the  county  in  which  the  larger  part  of  such  city  or 
town  is  situated;  nor  shall  it  be  lawful  for  the  county  su- 
perintendent or  any  other  officer  or  person,  to  pay  over 
any  portion  of  the  c  )mmon  school  fund  to  any  local  treas- 
urer, school  agent,  clerk,  board  of  education,  or  other  officer 
or  person  of  any  township,  city  or  incorporated  town,  un- 
less a  report  of  the  number  of  persons  and  other  statis- 
tics relative  to  schools,  and  a  statement  of  such  other 
information  as  is  required  of  the  board  of  trustees  or  di- 
rectors as  aforesaid,  and  of  other  school  officers  and  teach- 
ers, under  the  provisions  of  this  act  shall  have  been  filed 


Reports. 


Penalty. 


^Should  be  fifteenth  of  July. 


53 


at  the  time  or  times  aforesaid,  specified  in  this  section, 
and  the  superintendent  of  schools  of  the  proper  county, 
as  aforesaid.  It  shall  also  be  the  duty  of  the  president, 
principal  or  other  proper  officer  of  every  organized  uni- 
versity, college,  seminary,  academy,  or  other  literary  in- 
stitution heretofore  incorporated  or  hereafter  to  be  incor- 
porated in  this  State,  to  make  out  or  cause  to  be  o/PJarnin°^^ 
out  and  forwarded  to  the  office  of  the  Superintendent  of 
Public  Instruction  on  or  before  the  fifteenth  day  of  Au- 
gust in  each  year,  a  report  setting  forth  the  amount  and 
estimated  value  of  real  estate  owned  by  the  corporation ; 
the  amount  of  other  funds  and  endowments,  and  the 
yearly  income  from  all  sources  ;  the  number  of  instruc- 
tors;  the  number  of  students  in  the  different  classes;  the 
studies  pursued  and  the  books  used  ;  the  course  of  instruc- 
tion;  the  terms  of  tuition,  and  such  other  matteis  as  may 
be  specially  requested  by  said  Superintendent,  or  as  may 
be  deemed  proper  by  the  president  or  principal  of  such 
institutions,  to  enable  the  Superiritendent  of  Public  In- 
struction to  lay  before  the  legislature  a  fair  and  full 
exhibit  Of  the  affairs  and  conditions  of  said  institutions 
and  of  the  educational  resources  of  the  State.  [As  amend- 
ed by  an  act  approved  June  3,  lb79.j 

§  82.  Incorporated  cities  and  villages,  except  such  asyiuages. 
now  have  charge  and  control  of  free  schools  by  special 
acts,  shall  be  and  remain  parts  of  the  school  townships  in 
which  they  are  respectively  situated,  and  be  subject  to 
the  general  provisions  of  the  school  law,  except  as  otber- 
W'ise  provided  in  this  section.  In  all  school  districts 
having  a  population  of  not  less  than  two  thousand  in- 
habitants, and  not  governed  by  any  special  act  in  relation 
to  free  schools  now  in  force,  there  shall  be  elected,  instead  of 
of  the  directors  provided  by  law  in  other  districts,  a  board  "^'^  ^ 
of  education,  to  consist  of  six  members  and  three  ad- 
ditional members  for  every  additional  ten  thousand  in- 
habitants, to  be  elected  in  the  manner  provided  by  section 
forty-two  of  this  act  for  the  election  of  school  directors. 
At  the  first  election  of  directors  succeeding  the  passage 
of  this  act,  in  any  district  having  a  population  of  not 
less  than  two  thousand  inhabitants  by  the  census  of  1870, 
and  in  such  other  districts  as  may  hereaftei"  be  ascer- 
tained by  any  special  or  general  census  to  have  a  popu- 
lation of  not  less  than  two  thousand  inhabitants,  at  the 
first  election  of  directors  occurring  after  taking  such 
special  or  general  census,  there  shall  be  elected  a  board 
of  education,  who  shall  be  the  successors  of  the  directors 
of  the  district;  and  all  rights  of  property  and  rights  aiid 
causes  of  action  existing  or  vested  in  such  directors  shall 
vest  in  said  board  of  education  in  as  full  and  complete  a 
manner  as  was  vested  in  the  school*  directors.'  Such 
board,  at  its  first  meeting,  shall  fix,  by  lot,  the  term»  of 
office  of  its  members,  so  that  one-third  shall  serve  for 
one  year,  one-third  for  two  years,  and  one-third  for  three 
—4 


54 


years ;  and  thereafter  one-third  of  the  members  shall  be 
Termofofflce.  elected  annually,  on  the  first  Saturday  in  April,  to  fill  the 

vacancies  occurring,  and  to  serve  for  the  term  of-  three 
Powers  and  y®^.^^-  Such  board  shall  have  power,  and  it  shall  be 
duties.         their  duty,  in  addition  to  or  exclusive  of  the  powers  and 

duties  of  school  directors : 

First. — To  establish  and  support  free  schools  not  less 
than  six  nor  more  than  ten  months  in  each  year. 

Second. — To  repair  and  improve  school  houses,  and  fur- 
^  nish  them  with  the  necessary  fixtures,  furniture,  appa- 
ratus, libraries  and  fuel. 

Third. — To  buy  or  lease  sites  for  school  houses,  with 
the  necessary  grounds. 

Fourth. — To  establish  schools  of  different  grades,  and 
make  regulations  for  the  admission  of  pupils  into  the 
same. 

Fifth. — To  levy  a  tax  annually  upon  the  taxable  prop- 
erty of  the  district,  in  the  manner  provided  by  section 
forty-four  of  this  act,  for  the  purpose  of  supporting  and 
maintaining  free  schqols  in  accordance  with  the  powers 
herein  conferred :  Provided,  that  it  shall  not  be  lawful 
for  such  board  of  education  to  purchase  or  locate  a  school 
house  site,  to  purchase,  build  or  move  a  school  house,  or 
levy  a  tax  to  extend  schools  beyond  the  period  of  ten 
months  in  each  year,  except  upon  petition  of  a  majority 
of  the  voters  of  the  district. 

Sixth. — To  examine  and  employ  teachers,  and  fix  the 
amount  of  their  salaries. 

Seventh. — To  employ,  should  they  deem  it  expedient,  a 
competent  and  discreet  person  or  persons  as  superintend- 
ent or  superintendents  of  schools,  and  fix  and  pay  a 
proper  salary  or  salaries  therefor;  and  such  superintend- 
ent may  be  required  to  act  as  principal  or  teacher  in 
such  schools. 

Eighth. — To  lay  off  and  divide  the  district  into  sub-dis- 
tricts, and  from  time  to  time  to  alter  the  same,  create 
new  ones  and  consolidate  them. 

Ninth. — To  visit  all  the  public  schools  as  often  as  once 
a  month,  to  inquire  into  the  progress  of  scholars,  and  the 
government  of  the  schools ;  to  prescribe  the  method  and 
course  of  discipline  and  instruction  in  the  respective 
schools,  and  to  see  that  they  are  maintained  and  pursued 
in  the  proper  manner.  They  shall  have  power  to  expel 
any  pupil  who  may  be  guilty  of  gross  disobedience  or  mis- 
conduct, and  to  dismiss  and  remove  any  teacher,  when- 
ever, in  their  opinion,  he  or  she  is  not  qualified  to  teach, 
or  whenever  from  any  cause  the  interests  of  the  schools 
may,  in  their  opinion,  require  such  removal  or  dismis- 
sion. They  shall  have  power  to  apportion  the  scholars 
DisciDiine.  ^o  the  several  schools.  It  shall  be  the  duty  of  the  board 
of  education  to  establish  all  such  by-laws,  rules  and  regu- 
lations for  the  government,  and  for  the  establishment  and 
maintenance  of  a  proper  and  uniform  system  of  discipline 


55 

in  the  several  schools,  as  may,  in  their  opinion,  be  nec- 
essary. It  shall  be  the  daty  of  said  board  to  take  charge 
of  the  school  houses,  furniture,  ground,  and  other  prop- 
erty belonging  to  the  district,  and  see  that  the  saine  are 
kept  in  good  condition,  and  not  suffered  to  be  unneces- 
sarily injured  or  deteriorated,  and  also  to  provide  fael  and 
such  other  necessaries  for  the  schools  as,  in  their  opinion, 
may  be  required  in  the  school  houses  or  other  property 
belonging  to  the  district.  The  said  board  shall  appoint  a 
president  (who  shall  be  one  of  their  own  number)  and  a 
secretary,  and  provide  themselves  with  a  well  bound  book, 
at  the  expense  of  the  school  tax  fund,  in  which  shall 
be  kept  a  faithful  record  of  all  their  proceedings.  The 
yeas  and  nays  shall  be  taken,  and  entered  on  the  records  Yeas  and 
of  the  proceedings  of  the  board  upon  all  questions  involv- 
ing  the  expenditure  of  money.  None  of  the  powers  herein 
conferred  upon  the  board  of  education  shall  be  exercised 
by  them  except  at  a  regular  or  special  meeting  of  the 
board.  The  board  of  education  shall  annually  prepare  Keporttobe 
and  publish  in  some  newspaper,  or  in  pamphlet  form,  a^^*^^^*^®^- 
report  of  the  number  of  pupils  instructed  in  the  year  pre- 
ceding, the  several  branches  of  education  pursued  by  them, 
of  the  number  of  persons  between  the  ages  of  twelve  and 
twenty-one  unable  to  read  and  write,  and  the  receipts 
and  expenditures  of  each  school,  specifying  the  source  of 
such  receipts  and  the  object  of  such  expenditures.  All 
conveyances  of  real  estate  shall  be  made  to  the  township 
trustees,  in  trust  for  the  use  of  schools,  and  no  convey- 
ance of  any  real  estate  or  interest  therein,  used  for  school 
purposes  or  held  in  trust  for  schools,  shall  be  made  except 
by  the  board  of  trustees,  upon  the  written  request  of  such 
board  of  education.  All  moneys  raised  by  taxation  for  Township 
school  purposes  or  received  from  the  State  common  school  treasurer  to 
fund  or  from  any  other  source  for  school  purposes,  shall  ofJund?^^^^ 
be  held  by  the  township  treasurer  as  a  special  fund  for 
school  purposes,  subject  to  the  order  of  the  board  of  edu- 
cation, upon  warrants  signed  by  the  president  and  secre- 
tary thereof.  Any  city,  incorporated  town,  township  or^  hoo^^^^^^ 
district  in  which  the  free  schools  are  now  managed  under  may  be  leliu- 
any  special  act,-  may,  by  vote  of  its  electors,  cease  to  con-  auished. 
trol  such  schools  under  such  special  act,  and  become  a 
part  of  the  school  township  in  which  it  is  situated,  and 
subject  to  the  control  of  the  trustees  thereof,  under  and 
according  to  the  provisions  of  this  act.  Upon  petition  of 
fifty  voters  of  such  city,  town,  township  or  district,  pre- 
sented to  the  board  having  the  control  and  management 
of  schools  in  such  city,  town,  township  or  district,  it  shall 
be  the  duty  of  such  board  at  the  next  ensuing  election  to 
be  held  in  such  city,  town,  township  or  district,  to  cause 
to  be  submitted  to  the  voters  thereof,  giving  not  less  than 
fifteen  days'  notice  thereof  by  posting  not  less  than  five 
notices  in  the  most  public  places  in  such  city,  town, 
township  or  district,  the  question  of  "Organization  under  organization 
the  Free  School  Law;"  and  if  it  shall  appear,  on  a  can- undeniiis  act 


56 


vass  of  the  returns  of  said  election,  that  a  majority  of 
the  votes  cast  at  snch  election  are  "For  Organization  un- 
der the  Free  School  Law,"  then  at  the  next  ensuing 
regular  meeting  of  the  board  of  trustees  of  the  township 
or  townships  in  which  such  city,  incorporated  town,  town- 
ship or  district  is  situated,  said  trustees  shall  proceed  to 
redistrict  the  township  or  townwhips  as  aforesaid,  in  such 
manner  as  shall  suit  the  wishes  and  convenience  of  a 
majority  of  the  inhnbitants  in  their  respective  townships, 
and  to  make  division  of  funds  and  other  property  in  the 
manner  provided  by  section  thirty-three  of  this  act,  and 
at  the  next  ensuing  election  of  director,  directors  or  a  board 
of  education,  as  the  case  may  be,  shall  be  elected  in  each 
of  the  new  districts  so  formed,  as  provided  in  section 
forty-two  of  this  act. 
Cities  ofioo,-  In  cities  having  a  population  exceeding  one  hundred 
thousand  inhabitants,  the  board  of  education  shall  have 
chnrge  and  control  of  the  pul)h'c  schools  in  snch  cities, 
and  shall  have  power,  with  the  concurrence  of  the  city 
council — 

First. — To  erect  or  purchase  buildings  suitable  for  school 
houses,  and  keep  the  same  in  repair. 

Second. — To  buv  or  lease  sites  for  school  houses,  with 
the  necessary  grounds. 

Third. — To  issue  bonds  for  the  purpose  of  building,  fur- 
nishing and  repairing  school  houses,  for  purchasing  sites 
for  the  same,  and  to  provide  for  the  payment  of  said 
bonds ;  to  borrow  money  for  school  purposes  upon  the 
credit  of  the  city. 
:»ower  o[  the  The  board  of  education  shall  have  power — 
)oard.  First. — To  furnish  schools  with  the  necessary  fixtures, 

furniture  and  apparatus. 

Second. — To  maintain,  support  and  establish  schools, 
and  supply  the  inadequacy  of  the  school  funds,  for  the 
salaries  of  school  teachers,  from  school  taxes. 

Third. — To  hire  buildings  or  rooms  for  the  use  of  the 
board. 

Fourth. — To  hire  buildings  or  rooms  for  the  use  of  schools. 

Fifth. — ^To  employ  teachers  and  fix  the  amount  of  their 
compensation. 

Sixth. — To  prescribe  the  school  books  to  be  used,  and 
the  studies  in  the  different  schools. 

Seventh. — To  lay  off  and  divide  the  city  into  school  dis- 
tricts, and  from  lime  to  time  to  alter  the  same  and  create 
new  ones,  as  circumstances  may  require,  and  generally 
to  have  and  possess  all  the  rights,  powers  and  authority 
required  for  the  proper  man;{gement  of  schools,  with 
power  to  enact  such  ordinances  as  miy  be  necessary  or 
deemed  expedient  for  such  purpose.  Schools  in  such 
^cities  shall  he  governed  as  hereinafter  stated,  and  no 
ipower  given  to  the  board  shall  be  exercised  by  the  city 


57 


council.  The  board  of  education  shall  have  the  entire 
superintendence  and  control  of  the  schools,  and  it  shall 
be  their  duty  to  examine  all  persons  offering  themselves 
as  candidates  for  teachers,  and  when  found  well  qualified, 
to  give  them  certificates  thereof  gratuitously ;  to  visit  all 
the  public  schools  as  often  as  once  a  month ;  to  inquire 
into  the  progress  of  scholars,  and  the  government  of  the 
schools ;  to  prescribe  the  method  and  course  of  discipline 
and  instruction  in  the  respective  schools,  and  to  see  that 
they  are  maintained  and  pu-sued  in  the  proper  manner; 
to  prescribe  what  studies  shall  be  taught,  what  books  and 
apparatus  shall  be  used.  They  shall  have  power  to  expel 
any  pupil  who  may  be  guilty  of  gross  disobedience  or 
misconduct,  and  to  dismiss  and  remove  any  teacher, 
whenever  in  their  opinion  he  or  she  is  not  qualified  to 
teach,  or  whenever  from  any  cause  the  in  erests  of  the 
school  may,  in  their  opinion,  require  such  removal  or 
dismission.  They  shall  have  power  to  apnortion  the 
scholars  to  the  several  schools.  It  shall  be  their  duty  to 
establish  all  such  l)y-laws,  rules  and  regulations  for  the  gov- 
ernment and  for  the  establishment  and  maintenance  of  a 
proper  and  uniform  system  of  discipline  in  the  several 
schools,  as  may,  in  their  opinion,  be  necessary.  They  shall 
determine,  from  time  to  time,  how  many  and  what  class 
of  teachers  may  be  employed  in  each  of  the  public  schools, 
and  employ  such  teachers  and  fix  their  compensation. 
It  shall  be  the  duty  of  the  said  board  to  take  charge  of 
the  school  houses,  furniture,  ground  and  other  property 
belonging  to  the  school  districts,  and  see  that  the  same 
are  kept  in  good  condition  and  not  suffered  to  be  unnec- 
essarily injured  or  deteriorated,  and  also  to  provide  fuel 
and  such  other  necessaries  for  the  schools  as  in  their 
opinion  may  be  required  in  the  school  hou>^es  or  other 
property  belonging  to  said  districts.  The  said  board  shall 
appoint  a  president  and  secretary,  the  president  to  be  ap- 
pointed from  their  own  number,  and  shall  appoint  such 
other  officers  and  employes  as  such  board  shall  deem 
necessary,  and  shall  prescribe  their  duties  and  compen- 
sation and  terms  of  office ;  and  the  said  board  shall  pro- 
vide well  bound  books,  at  the  expense  of  the  school  tax 
fund,  in  which  shall  be  kept  a  faithful  record  of  all  their 
proceedings.  The  yeas  and  nays  shnll  be  taken,  and  ^eas 
entered  on  the  records  of  the  proceedings  of  the  i  oard,  nays, 
upon  all  questions  involving  the  expenditure  of  money. 
None  of  the  powers  herein  conferred  upon  the  board  of 
education  shall  be  exercised  by  them  except  at  a  regular 
meeting  of  the  board.  It  shall  be  the  duty  of  the  board 
to  report  to  the  city  council,  from  .time  to  time,  any  sug- 
gestion that  they  deem  expedient  or  requisite  in  relation 
to  the  schools  and  the  school  fund,  or  tlie  management 
thereof,  and  generally  to  recommend  the  e-stablishment 
of  such  schools  and  districts.  The  board  of  education 
shall  prepare  and  publish  an  annual  report,  which  shall  i^eport. 
include  the  receipts  and  expenditures  of  each  school, 


\ 


58 

specifying  the  source  of  such  receipts,  and  the  object  of 
such  expenditures.  They  shall  also  communicate  to  the 
city  council,  from  time  to  time,  such  information  within 
their  possession  as  may  be  required.     They  shall  have 

Conveyances,  power  to  lease  school  property  and  to  loan  moneys  be- 
longing to  the  school  fund ;  but  all  conveyances  of  real 
estate  shall  be  made  to  the  city  in  trust  for  the  use  of 
schools,  and  no  sale  of  real  estate  or  interest  therein  used 
for  school  purposes  or  held  in  trust  for  schools,  siiall  be 
made  except  by  the  city  council,  upon  the  written  request 
of  such  board  of  education.  All  moneys  raised  by  taxa- 
City  treas-^-^^^       school  purposes,  or  received  from  the  State  com- 

urer  to  hoidmon  school  fund,  or  from  any  other  source  for  school 

funds.  purposes,  shall  be  held  by  the  city  Irea surer  as  a  special 
fund  for  school  purposes,  subject  to  the  order  of  the 
board  of  education,  upon  warrants  to  be  countersigned  by 
the  mayor  and  city  clerk ;  but  said  board  of  education 
shall  not  add  to  the  expenditures  for  school  purposes  any- 
thing over  and  above  the  amount  that  shall  be  received 
from  the  State  common  school  fund,  the  rental  of  school 
City  not  lia-l^^^S'  and  the  amount  annually  appropriated  for  such 

biefoi-^oxcess  purposes.    If  Said  board  shall  so  add  to  such  expendi- 

tures!^^^^^  ^"ture,  the  city  shall  not,  in  any  case,  be  liable  therefor. 

From  and  after  the  time  this  act  shall  take  effect,  the 
board  of  education  in  such  cities  shall  consist  of  fifteen 

Appointment,  members,  to  be  appointed  by  the  mayor  by  and  with  the 
advice  and  consent  of  the  common  council,  five  of  whom 
shall  be  appointed  for  the  term  of  one  yepr,  five  for  the 
term  of  two  years,  and  five  for  the  term  of  three  years ; 
and  at  the  expiration  of  the  term  of  any  members  of  said 
board,  their  successors  shall  be  appointed  in  like  manner. 
Any  vacancy  which  may  occur  shall  be  filled  by  the  ap- 
pointment of  the  mayor,  with  the  approval  of  the  com- 
mon council,  for  the  unexpired  term.  Any  person  hav- 
ing resided  in  such  city  more  than  five  years  next  pre- 
Not  author-  ^^©ding  his  appointment,  shall  be  eligible  to  said  office. 

izedtotax.  Nothing  herein  shall  be  so  construed  as  to  authorize  any 
board  of  education  to  levy  or  collect  taxes,  or  to  require 
the  city  council  to  levy  and  collect  any  tax  upon  the  de- 
mand or  under  the  direction  of  such  board  of  education. 


COMMON  SCHOOL  LANDS. 

teen^^^^^  §  Section  number  sixteen  in  every  township  granted 
to  the  State  by  the  United  States  for  the  use  of  schools, 
and  such  sections  and  parts  of  sections  as  have  been  or 
may  be  granted,  as  aforesaid,  in  lieu  of  all  or  part  of 
section  number  sixteen,  and  also  the  lands  which  have 
been  or  may  be  selected  and  granted  as  aforesaid,  for  the 
use  of  schools,  to  the  inhabitants  of  fractional  townships 
in  which  there  is  no  section  number  sixteen,  or  where 
such  section  shall  not  contain  the  proper  proportion  for 


J 


59 

the  use  of  schools  in  such  fractional  townships,  shall  he 
held  as  common  school  lands ;  and  the  provisions  of  this 
act  referring  to  common  school  lands,  shall  be  deemed  to 
apply  to  the  lands  aforesaid. 

§  82.  All  the  business  of  such  townships,  so  far  as  re- 
lates to  common  school  lands,  shall  be  transacted  in  that 
county  which  contains  all  or  a  greater  portion  of  said  gJ^Q^oY^fl^^J^g^ 
lands.  If  any  person  shall,  without  being  duly  authorized, 
cut,  fell,  box,  bore,  destroy  or  carry  away  any  tree,  sap- 
ling or  log,  standing  or  beiug  upon  any  school  lands,  such 
person  shall  forfeit  and  pay  for  every  tree,  sapling  or  log 
so  felled,  boxed,  bored,  destroyed  or  carried  away,  the 
sum  of  eight  dollars ;  which  penalty  shall  be  recovered, 
with  costs  of  suit,  by  an  action  of  debt  or  assumpsit,  ^' 
before  any  justice  of  the  peace  having  jurisdiction  of  the 
amount  claimed,  or  in  the  county  or  circuit  court,  either 
in  the  corporate  name  of  the  board  of  trustees  of  the 
township  to  •  which  the  land  belongs,  or  by  action  of  qui 
tarn,  in  the  name  of  any  person  who  will  first  sue  for  the 
same — one-half  for  the  use  of  the  person  suing,  the  other 
half  to  the  use  of  the  township  aforesaid.  When  two  or 
more  persons  shall  be  concerned  in  the  same  trespass, 
they  shall  be  jointly  and  severally  liable  for  the  penalty 
herein  imposed.  Every  trespasser  upon  common  school 
lands  shall  be  liable  to  indictment,  and  upon  conviction, 
fined  in  three  times  the  amount  of  the  injury  occasioned 
by  said  trespass,  and  shall  stand  committed  as  in  other 
cases  of  misdemeanor.  All  penalties  and  fines  collected 
under  the  provisions  of  this  section  shall  be  paid  to  the 
township  treasurer,  and  be  added  to  the  principal  of  the  Fines  and 
township  fund.  And  all  other  fines,  penalties  and  for-  forfeitures, 
feitures  imposed  or  incurred  in  any  of  the  courts  of  record, 
or  before  any  justice  of  the  peace  of  this  State,  except 
fines,  forfeitures  and  penalties  incurred  or  imposed  in 
incorporated  towns  or  cities,  for  the  violation  of  the  by-laws 
or  ordinances  thereof,  shall,  when  collected,  be  paid  to 
the  school  superintendent  of  the  county  wherein  such 
fines,  forfeitures  and  penalties  have  been  imposed  or  in- 
curred, who  shall  give  his  receipt  therefor ;  and  the  same 
shall  be  distributed  by  said  superintendent,  annually,  in 
the  same  manner  as  the  common  school  funds  of  the  ^ 
State  are  distributed ;  and  it  shall  be  the  .duty  of  the  state's  ^atto^r- 
State's  attorneys  of  the  several  judicial- circuits  to  enforce 
the  collection  of  all  fines,  forfeitures  and  penalties  imposed 
or  incurred  in  the  courts  of  record  in  their  several  cir- 
cuits, and  to  pay  the  same  over  to  the  school  superin- 
tendents of  the  counties  wherein  the  same  have  been  im- 
posed or  incurred,  retaining  therefrom  the  fees  and  com- 
missions allowed  them  by  law;  and  it  shall  be  the  duty 
of  the  said  justices  of  the  peace  to  enforce  the  collection 
of  all  fines  imposed  by  them,  by  any  lawful  means ;  and 
when  collected,  the  same  shall  be  paid  by  the  officer 


60 


char^?ed  with  the  collection  thereof  to  the  school  superin- 
tendent of  the  county  in  which  the  same  was  imposed. 
Clerks  of  said  courts  of  record,  State's  attorneys  and  jus- 
Report  oftices  of  the  peace,  shall  report,  under  oath,  to  the  school 

fines.  superintendent  of  their  respective  counties,  by  the  first  of 

March,  annually,  the  amount  of  such  fines,  penalties  and 
forfeitures  imposed  or  incurred  in  their  respective  courts, 
and  the  amount  of  such  fines,  forfeitures  and  penalties 
collected  by  them,  giving  each  item  separately;  and  the 
officer  charged  with  the  collection  thereof,  and  said  clerks, 
Penalty  for  State's  attorneys  and  justices  of  the  peace,  for  a  failure 

port.^^  ^®~to  make  such  report,  shall  be  liable  to  a  fine  of  twenty- 
five  dollars  for  each  offense,  to  be  recovered  in  a  civil 
action,  at  the  suit  of  the  school  superintendent  of  the 
Penalty  for  proper  county.    For  a  failure  to  pay  any  such  fines,  for- 

ove^'flnescoi- penalties,  on  demand,  to  the  person  who  is  by 

lected.  law  authorized  to  receive  the  same,  the  officer  having 
collected  the  same,  or  having  the  same  in  his  possession, 
shall  forfeit  and  pay  double  the  amount  of  such  fine, 
penalty  or  forieiture,  as  aforesaid,  to  be  recovered  before 
any  court  having  juiisdiction  thereof,  in  a  qid  tarn  action — 
one-half  to  be  paid  to  the  informer  and  one-half  to  the 
school  fund  of  the  proper  county. 


SALE  OF  COMMON  SCHOOL  LANDS. 

Petition  for  §  83.  When  the  inhabitants  of  any  township,  or  frac- 
saie.  tional  township,  shall  desire  the  sale  of  the  common  school 

lands  of  the  township,  or  fractional  township,  they  shall 
present  a  petition  to  the  county  superintendent  of  the 
county  in  which  the  school  lands  of  the  township,  or  the 
greater  part  thereof,  lie,  for  the  sale  thereof;  which  peti- 
tion shall  be  signed  by  at  least  two-thirds  of  the  legal 
voters  of  the  township,  or  fractional  township,  of  and  over 
twenty-one  years  of  age.  The  signing  of  the  petition  must 
be  in  the  piesence  of  two  citizens  of  the  township,  after 
the  true  meaning  thereof  shall  have  been  explained ;  and 
when  signed,  an  affidavit  shall  be  fixed  thereto  by  the 
two  citizens  proving  the  signing,  in  the  manner  aforesaid, 
and  stating  the  number  of  inhabitants  in  the  township, 
or  fractional  township,  of  and  over  twenty-one  years  of 
age ;  and  said  petition,  so  proved,  shall  be  delivered  to 
the  county  superintendent  for  his  action  thereon :  Pro- 
vided, that  no  whole  section  shall  be  sold  in  any  township 
containing  less  than  two  hundred  inhabitants ;  and  com- 
mon school  lands  in  fractional  townships  may  be  sold 
when  the  number  of  inhabitants  and  number  of  acres  are 
in  the  ratio  of  two  hundred  to  six  hundred  and  forty,  but 
not  before. 

Fractional  S  84.  Any  fractional  township  not  having  the  requisite 
number  of  inhabitants  to  petition  for  the  sale  of  the  school 
lands  therein,  as  provided  in  section  eighty-three,  which 
has  not  heretofore  been  united  with  any  other  township 


61 


for  school  purposes,  and  which  does  nofc  contain  a  suffi- 
cient number  of  inhabitants  to  maintain  a  free  schi)ol,  is 
hereby  attached  to  the  adjacent  congres><ional  townsliip 
having  the  longest  territorial  line  bordering  on  such  frac- 
tional township,  for  school  purposes ;  and  all  the  provis- 
ions of  this  act  shall  apply  to  such  united  townships  the 
same  as  though  they  were  one  and  the  same  township. 

§  85.    When  the  petition  and  affidavits  are  delivered  to   Trustees  to 
the  county  superintendent,  as  aforesaid,  he  shall  notify  the  fntolois!^^^ 
trustees  of  said  township  thereof,  and  said  trustees  shall 
immediately  proceed  to  divide  the  land  into  tracts  or  lots, 
of  such  form  and  quantity  as  will  produce  the  largest 
amount  of  money.    After  making  such  division,  a  correct 
plat  of  the  same  shall  be  made,  representing  all  divisions, 
with  each  lot  numbered  and  defined,  so  that  its  boundaries  I'l'^^- 
may  be  forever  ascertained.    Said  trustees  shall  then  fix 
a  value  on  each  lot,  having  regard  to  the  terms  of  sale, 
certify  to  the  correctness  of  the  plat,  stating  the  value  of 
each  lot  per  acre,  or  per  lot,  if  less  than  one  acre,  and  ygi^ation 
referring  to  and  descrilnng  the  lot  in  the  certificate,  so  as 
fully  and  clearly  to  distinguish  and  identify  each  lot ;  which 
plats  and  certificate  shall  be  delivered  to  the  county  su- 
perintendent, and  shall  govern  him  in  advertising  and 
selling  said  lands. 

§  8H.    In  subdividing  common  school  lands  for  sale,  no  size  of  lot. 
lot  shall  contain  more  than  eighty  acres,  and  the  division 
may  be  made  into  town  or  village  lots,  with  roads,  streets 
or  alleys  between  them  and  through  the  same;  and  all  -^^^^^^ 
such  divisions,  with  all  similar  divisions  hereafter  made,  stre^e^sf  ^ 
are  hereby  declared  legal,  and  all  such  roads,  streets  and 
alleys  public  highways. 

§  87.  The  terms  of  selling  common  school  lands  shall  Bid  borrowed 
be  to  the  highest  bidder,  for  cash,  with  the  privilege  to 
each  purchaser  of  borrowing  from  the  county  superinten- 
dent the  amount  of  his  bid,  for  any  period  not  less  than 
one  nor  more  than  five  years,  upon  his  paying  interest 
and  giving  security,  as  in  case  of  money  loaned  by  town- 
ship treasurer,  as  provided  by  this  act. 

§  88.  The  place  of  selling  common  school  lands  shall ^i^^^®  sale, 
be  at  the  court  house  of  the  county  in  which  the  lands 
are  situated ;  or  the  trustees  of  schools  may  direct  the 
sale  to  be  made  on  the  premises ;  and  upon  the  reception 
by  the  county  superintendent  of  the  plat  and  certificate 
of  valuation  from  the  trustees,  he  shall  proceed  to  adver- 
tise the  said  land  for  sale  in  lots,  as  divided  and  laid  off-^^^j^^g 
by  said  trustees,  by  posting  notices  thereof  in  at  least  six 
public  places  in  the  county,  forty  days  next  anterior  to  the 
day  of  sale,  d.escribing  the  land  and  stating  the  time, 
terms  and  place  of  sale;  and  if  any  newspaper  is  pub- 
lished in  said  county,  said  advertisement  shall  be  printed 
therein,  for  four  weeks  before  the  day  of  sale ;  if  none, 
then  it  shall  be  sold  under  the  notice  aforesaid. 


62 


Manner  of  §  ^V^^  the  day  appointed,  the  county  superintend- 
saie.  ent  shall  proceed  to  make  sales  as  follows,  viz :  He  shall 

begin  at  the  lowest  number  of  lots,  and  proceed  regularly 
to  the  highest,  till  all  are  sold  or  offered.  No  lot  shall 
be  sold  for  less  than  its  valuation  by  the  trustees.  Sale 
shall  be  made  between  the  hours  of  ten  o'clock  A.  M. 
and  six  o'clock  P,  M.,  and  may  continue  from  day  to  day. 
The  lots  shall  be  cried  separately,  and  each  lot  cried  long 
enough  to  enable  any  one  present  to  bid  who  desires  it. 

Payment.  §  90.  Upon  closing  the  sales  each  day,  the  purchasers 
shall  each  pay  or  secure  the  payment  of  the  purchase 
money,  according  to  the  terms  of  sale ;  or,  in  case  of  his 
failure  to  do  so  by  ten  o'clock  the  succeeding  day,  the  lot 
purchased  shall  again  be  offered  at  public  sale  on  the 

Ma  be  re  terms  as  before,  and  if  the  valuation  or  more  shall 

soi(L^  ^  be  bid,  shall  be  stricken  off;  but  if  the  valuation  be  not 
bid,  the  lot  shall  be  set  down  as  not  sold.  If  the  sale  is 
or  is  not  made,  the  former  purchaser  shall  be  required  to 
pay  the  difference  between  his  bid  and  the  valuation  of 
the  lot ;  and  in  case  of  his  failing  to  make  such  payment, 
the  county  superintendent  may  forthwith  institute  an  ac- 
tion of  debt  or  assumpsit,  in  his  name,  as  superintendent, 
for  the  use  of  the  inhabitants  of  the  township  where  the 
land  lies,  for  the  required  sum ;  and  upon  making  proof, 
shall  be  entitled  to  judgment,  with  costs  of  suit ;  which, 
when  collected,  shall  be  added  to  the  principal  of  the 
township  fund.  And  if  the  amount  claimed  does  not  ex- 
ceed one  hundred  dollars,  the  suit  may  be  instituted  be- 
fore a  justice  of  the  peace ;  but  if  more  than  that  sum, 
then  in  the  circuit  court  of  any  county  wherein  the  party 
may  be  found. 

^  Lands  ^  may    §  gx^  lands  [not]  sold  at  public  sale,  as  herein 

provided  for,  shall  be  subject  to  sale  at  any  time  there- 
after, at  the  valuation ;  and  county  superintendents  are 
authorized  and  required,  when  in  their  power,  to  sell  all 
such  lands  at  private  sale,  upon  the  terms  at  which  they 
are  offered  at  public  sale. 

to  be°re-vaiu-    §  cases  where  common  school  lands  have 

ed.  been  heretofore  valued,  and  have  remained  unsold  for  two 

years,  after  having  been  offered  for  sale,  or  shall  here- 
after remain  unsold  for  that  length  of  time,  after  being 
valued  and  offered  for  sale  in  conformity  to  this  act,  the 
trustees  of  schools  where  such  lands  are  situated  may 
vacate  the  valuation  thereof,  by  an  order  to  be  entered  in 
book  A,  of  the  county  superintendent,  and  cause  a  new 
valuation  to  be  made,  if,  in  their  opinion,  the  interest  of 
the  township  will  be  promoted  thereby.  They  shall  make 
said  second  valuation  in  the  same  manner  as  the  first 
was  made,  and  shall  deliver  to  the  county  superintendent 
a  plat  of  such  second  valuation,  with  the  order  of  vaca- 
tion, to  be  entered  as  aforesaid ;  whereupon,  said  county 
superintendent  shall  proceed  in  selling  said  lands  in  all 


63 


respects  as  if  no  former  valuation  had  been  made :    Pro-  i-eqSired^^^^^^ 
vided,  that  the  second  valuation  may  be  made  by  the 
trustees  of  schools,  without  petition  as  provided  in  this 
act.  - 

§  93.  Upon  the  completion  of  every  sale  by  the  pur-  Certificate 
<3haser,  the  county  superintendent  shall  enter  the  same  on  i^^rchase. 
book  B,  and  shall  deliver  to  the  purchaser  a  certificate  of 
purchase,  stating  therein  the  name  and  residence  of  the 
purchaser,  describing  the  land  and  price  paid  therefor; 
which  certificate  shall  be  evidence  of  the  facts  therein 
stated. 

§  94.    At  the  first  regular  term  of  the  county  board,  in  g^^i-gj^^j^^^jf 
-each  year,  the  county  superintendent  shall  present  to  the  saiesf^^^ 
€Ounty  board  of  his  county : 

First. — A  statement  showing  the  sales  of  school  lands 
made  subsequent  to  the  first  regular  term  of  the  previous 
year,  which  shall  be  a  true  copy  of  the  sale  book  (book  B). 

Second. — Statements  of  the  amount  of  money  received, 
paid,  loaned  out  and  in  hand,  belonging  to  each  township 
or  fund  under  his  control — the  statement  of  each  fund  to 
be  separate. 

Third. — Statements  copied  from  his  loan  book  (book  C), 
showing  all  the  facts  m  regard  to  loans  which  are  required 
to  be  stated  on  the  loan  book. 

All  of  which  the  county  board  shall  thereupon  examine  Duties  of  the 
and  compare  with  the  vouchers.    And  the  said  county  county  board, 
board,  or  so  many  of  them  as  may  be  present  at  the  term 
of  the  court,  shall  be  liable,  individually,  to  the  fund  in- 
jured, and  to  the  securities  of  said  county  superintendent, 
in  case  judgment  be  recovered  of  said  securities,  for  all 
damages  occasioned  by  a  neglect  of  the  duties,  or  any  of 
them,  required  of  them  by  this  section :  Provided,  nothing 
herein  contained  shall  be  construed  to  exempt  the  securi-  Securities 
ties  of  said  county  superintendent  from  any  liability  as  exempt, 
such  securities,  but  they  shall  still  be  liable  to  the  fund 
injured,  the  same  as  if  the  county  superintendents  were 
not  liable. 

§  95.  The  county  superintendent  shall,  also,  at  the  time 
aforesaid,  transmit  to  the  Auditor  of  Public  Accounts  a  g^^^^^^^^^^?* 
full  and  exact  transcript,  from  book  B,  of  all  the  sales  tor. 
made  subsequent  to  each  report.  The  statement  required 
to  be  presented  to  the  county  board  shall  be  preserved 
and  copied  by  the  clerk  of  said  court  into  a  well-bound 
book  kep4:  for  that  purpose ;  and  the  list  transmitted  to 
the  Auditor  shall  be  filed,  copied  and  preserved  in  like 
manner. 

§  96.  Every  purchaser  of  common  school  land  shall  be  Patents, 
entitled  to  a  patent  from  the  State,  conveying  and  as- 
suring the  title.  Patents  shall  be  made  out  by  the 
Auditor,  from  returns  made  to  him  by  the  county  super- 
intendent. They  shall  contain  a  description  of  the  land 
granted,  and  shall  be  in  the  name  of  and  signed  by  the 


64 


Grovernor,  countersigned  by  the  Auditor,  with  the  great 
seal  of  the  State  affixed  thereto  by  the  Secretary  of  State, 
and  shall  operate  to  vest  in  the  purchaser  a  perfect  title 
in  fee  simple.  When  patents  are  executed  as  herein  re- 
quired, the  Auditor  shall  note  on  the  list  of  sales  the 
date  of  each  patent,  in  such  manner  as  to  perpetuate  the 
evidence  of  its  date  and  delivery,  and  thereupon  transmit 
the  same  to  the  county  superintendent  of  the  proper 
county,  to  be  by  him  delivered  to  the  patentee,  his  heirs 
Certificate  to  assigns,  upon  the  return  of  the  original  certificate  of 
be  filed.  purchase ;  which  certificate,  when  returned,  shall  be  filed 
and  preserved  by  the  county  superintendent ;  and  all  such 
patents,  heretofore  or  hereafter  so  issued  by  the  State  for 
school  lands,  or  duly  certified  copies  thereof  from  any 
record  legally  made,  shall,  after  the  lapse  of  ten.  years 
sa^e/^^^^^  from  the  date  of  such  patent,  and  such  sale  having  been 
acquiesced  in  for  ten  years  by  the  inhabitants  of  the 
township  in  which  the  land  so  conveyed  may  be  situated, 
be- conclusive  evidence  as  to  the  legality  of  the  sale,  and 
that  the  title  to  such  land  was,  at  the  date  of  the  patent, 
legally  vested  in  the  patentee. 

Duplicates  of    s  97.    Purchasers  of  common  school  lands,  and  their 

certificates  of ,  t         •  i  <.   •       i      t     x  ■         £   j.i  • 

patents.  heirs  and  assigns,  may  obtain  duplicate  copies  or  their 
certificates  of  purchase  and  of  patents,  upon  filing  affi- 
davit wdth  the  county  superintendent  in  respect  to  certifi- 
cates, and  with  the  Auditor  in  respect  to  patents,  proving 
the  loss  or  destruction  of  the  originals ;  and  such  copies 
shall  have  all  the  force  and  effect  of  the  originals. 

Acts  repealed  §  93,  ''An  act  to  establish  and  maintain  a  system  of 
free  schools,"  approved  February  16,  1857;  "An  act  to 
establish  and  maintain  a  system  of  free  schools,"  ap- 
proved February  l2,  1861 ;  "An  act  to  establish  and 
maintain  a  system  of  free  schools  in  the  State  of  Illi- 
nois," approved  February  16,  1865;  "An  act  to  amend  an 
act  entitled  'An  act  to  establish  and  maintain  a  system 
of  free  schools  in  the  State  of  Illinois,'  approved  Febru- 
ary :6,  1865,"  approved  February  28,  1867;  "An  act  to 
amend  the  school  law,"  approved  March  30,  1869;  "An 
act  relating  to  assessments  and  taxation  in  school  dis- 
tricts," approved  March  29,  1869;  "An  act  concerning 
repoi'ts  of  school  officers  and  of  incorporated  institutions 
of  learning,"  approved  March  29,  1869;  and  all  other  acts 
and  parts  of  acts  inconsistent  with  this  act,  and  all  gen- 
eral school  laws  of  this  State,  are  hereby  repealed.  [Ap- 
proved April  1,  1872.] 


65 


ADDITIONAL  ACTS  PEETAINING  TO  THE  PUBLIC 
SCHOOLS  AND  TO  SCHOOL  OFEICEES. 


WOMEN  AS  SCHOOL  OFFICERS. 


An  Act  to  authorize  the  election  of  women  as  school  officers. 

Section  1.  Be  it  enacted  by  the  Peojjle  of  the  State  of 
Illinois,  represented  in  the  General  Assembly,  That  any  schooiofflces! 
woman,  married  or  single,  of  the  age  of  twenty-one  years 
and  upwards,  and  possessing  the  quaUfications  prescribed 
for  men,  shall  be  eligible  to  any  office  under  the  general 
or  special  school  laws  of  the  State. 

§  2.  That  any  woman  elected  or  appointed  to  any  office 
under  the  provisions  of  this  act,  belore  she  enters  upon  ^^'^'^ 
the  discharge  of  the  duties  of  the  office,  shall  qualify  and 
give  bond  as  required  by  law,  and  such  bond  shall  be 
binding  upon  her  and  her  securities.  [Approved  April  d, 
18.3.] 


RIGHTS  OF  COLORED  CHILDREN. 


An  Act  to  protect  colored  children  in  their  rights  to  attend 

public  schools. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  ^^^^^i^^^"^ 
Illinois,  represe7ited  in  the  General  Assembly,  That  all 
directors  of  schools,  boards  of  education,  or  school  officers, 
whose  duty  it  now  is,  or  may  be  hereafter,  to  provide  in 
their  respective  jurisdictions,  schools  for  the  education  of 
all  children  between  the  ages  of  six  and  twenty-one  years, 
are  prohibited  from  excluding,  directly  or  indirectly,  any 
such  child  from  such  school  on  account  of  the  color  of 
such  child. 

§  2.  Any  such  school  officer  or  officers  as  are  mentioned  Penalty, 
in  the  foregoing  section,  or  any  other  person,  who  shall 
exclude,  or  aid  in  the  exclusion  from  the  public  schools 
[of]  any  child  who  is  entitled  to  the  benefits  of  such 
school,  on  account  of  such  child's  color,  shall  be  fined, 
upon  conviction,  in  any  sum  not  less  than  five  nor  more 
than  one  hundred  dollars  each,  for  every  such  offense. 

§  3.    Any  person  who  shall,  by  threats,  menace  or  in- 
timidation, prevent  any  colored  child  entitled  to  attend  a  in^f^fidation^ 
public  school  in  this  State  from  attending  such  school, 
shall,  upon  conviction,  be  fined  in  any  sum  not  exceeding 
twenty-five  dollars.    [Approved  March  24,  1874.] 


63 


CHAEITABLE  INSTITUTIONS. 


Visitation. 


Eeports. 


An  Act  to  regulate  the  State  charitable  institutions  and  the 
State  Reform  School,  and  to  improve  their  organization 
and  increase  their  efficiency. 

[Only  a  single  section  of  this  act  is  printed  here,] 

Section  31.  It  shall  be  the  duty  of  the  Superintendent 
of  Public  Instruction  to  visit  such  of  the  charitable  insti- 
tutions of  the  State  as  are  educational  in  their  character, 
and  to  examine  their  facilities  for  instruction ;  and  the- 
several  superintendents  of  these  institutions  shall  make- 
to  him  reports,  at  such  times,  on  matters  educational 
relating  to  their  institutions,  and  in  such  forms  as  he  may 
prescribe.    [Approved  April  15,  1875.] 


GRANTING  RIGHT  OF  WAY  TO  RAILROADS. 

An  Act  to  empower  township  trustees  to  sell  and  convey 
right  of  way  and  depot  grounds  for  the  use  of  railroads 
crossing  school  lands. 

Section  1.  Be  it  enacted  by  the  People  oj  the  State  of 
Illinois,  represe7ited  in  the  General  Assembly,  That  the 
trustees  of  schools  of  any  township  concerned  are  hereby 
authorized  and  empowered,  in  their  corporate  capacity,  to 
sell  and  convey  to  any  railroad  company  which  may  con- 
struct a  railroad  across  any  of  the  public  school  lands  of 
such  township,  the  right  of  way  and  necessary  depot 
grounds.  All  money  received  by  such  trustees  for  any 
right  of  way  or  depot  ground  so  sold,  to  be  turned  over 
by  such  trustees  to  the  treasurer  of  the  township,  for 
school  purposes.    [Approved  April  13,  1875.] 


legalizing  school  districts. 

An  Act  to  legalize  school  districts  organized  under  the  thirty- 
third  section  of  "An  act  to  establish  and  maintain  a  sys- 
tem of  free  schools,''  approved  April  1,  1875. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of 
Illinois,  represented  in  the  General  Assembly,  That  all  school 
districts  which  have  been  organized  as  such,  under  the 
provisions  of  section  thirty- three  of  "An  act  to  establish 
and  maintain  a  system  of  free  schools  for  the  State  of  such 
Illinois,  approved  April  1,  1872,  are  hereby  legalized,  and 
such  school  districts  shall  be  held  and  considered  legally 
organized  school  districts  for  all  purposes  originally 
contemplated.    [Approved  IMay  25,  1877.] 


67 


BENTING  AND  SALE  OF  SCHOOL  LANDS. 

An  Act  regulating  the'  renting  and  sale  of  school  lands. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illi- 
nois, represented  in  tJie  General  Assembly,  That  it  shall  be 
lawful  for  the  trustees  of  schools  in  townships  in  which 
section  number  sixteen  or  any  other  lands  in  lieu  thereof 
remain  unsold,  or  which  has  title  to  any  other  school 
lands  whatsoever,  may  [to]  rent  or  lease  the  same  for  an 
annual  rent,  to  be  paid  in  money  to  the  treasurer,  by  a 
written  contract  made  by  the  president  and  secretary, 
under  the  direction  of  the  board,  with  the  lessee  or 
lessees,  which  contract  shall  be  tiled  with  the  records  of 
the  board,  and  a  copy  of  the  same  transmitted  to  the 
county  superintendent,  and  in  case  of  any  default  in  pay- 
ment of  rent,  the  said  board  of  trustees  shall  at  once 
proceed  to  collect  the  same  by  distress  or  otherwise  as 
may  be  provided  by  law  for  the  collection  of  rents  by 
landlords.  No  lease  taken  under  the  provisions  of  this 
act,  shall  be  for  a  longer  term  than  two  years,  except 
where  said  lands  are  leased  for  the  purpose  of  having 
permanent  improvements  made  thereon  as  may  be  the 
case  in  cities  and  villages:  Provided,  that  the  provisions 
of  this  act  shall  not  apply  to  cities  having  a  population 
of  over  one  hundred  thousand  inhabitants.  [Approved 
May  25,  1877.] 


members  of  board  of  education  appointed. 

An  Act  to  provide  for  the  appointment  of  school  directors 
and  members  of  the  board  of  education,  in  certain  cases. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of 
Illinois,  represented  in  the  General  Assembly,  That  in  all 
cases  whereby  [where,  by]  the  provisions  of  any  general 
or  special  law  of  this  State  heretofore  passed,  the  mem- 
bers of  the  common  council  of  any  city  have  been  made 
ex  officio  school  directors,  or  members  of  the  board  of 
education  in  and  for  the  school  district  of  which  the  said 
city  shall  constitute  the  whole  or  a  part,  the  said  school 
directors  or  members  of  the  board  of  education  shall 
hereafter  be  appointed  as  hereinafter  provided. 

§  2.  It  shall  be  the  duty  of  the  mayor  of  such  city,  at  ^omt--Coim' 
the  first  regular  meeting  of  the  city  council  in  the  month  SiTto  confirm, 
of  June,  1881,  to  nominate  and  place  before  the  council 
for  confirmation  as  school  directors  or  members  of  the 
board  of  education,  as  the  case  may  be,  two  (2)  persons 
from  each  ward  of  said  city,  one  (1)  from  each  ward  to 
serve  for  two  (2)  years,  and  one  (1)  for  one  (i)  year,  and 


68 


annually  thereafter  he  shall  nominate  one  (1)  from  each 
ward  to  serve  for  two  (2)  years,  and  if  the  person  so  ap- 
pointed shall  be  confirmed  by  a  majority  vote  of  the  city 
council,  to  be  entered  of  record,  the  persons  so  appointed 
shall  constitute  the  board  of  education  or  school  directors 
for  such  school  district.  Should  the  council  fail  to  con- 
firm any  person  or  persons  nominated  by  the  mayor  at 
such  meeting,  he  may,  at  the  next,  or  any  subsequent 
meetir]g,  nominate  other  persons  for  confirmation,  as 
hereinbefore  pt  ovided;  and  should  a  vacancy  or  vacancies 
occur  in  any  board  of  education  or  school  directors,  the 
mayor  m^y,  at  any  reguhir  meeting  of  the  city  council, 
fill  such  vacancy  or  vacancies  in  the  manner  above  set 
forth.    [As  amended  by  an  act  approved  May  30,  1881.] 

Organization.  §  3.  The  said  persons  shall,  as  soon  as  practicable 
after  then'  appointment,  organize  by  electing  one  of  their 
number  president,  and  another  secret^iry,  who  shall  hold 
Pio-hts   ow  ''^^^^^^  respi-ctive  offices  for  one  year.    All  rights,  powers 

eri  and  duties  and  duties  h(  ret(ii  ore  exercised  by  and  devolved  upon 
the  members  of  the  city  council  as  ex  officio  mem])ers  of 
the  board  of  education  or  school  directors,  shall  devolve 
upon  and  b^  exercised  by  the  members  of  the  board  of 
education  and  school  directors,  appointed  under  the  pro- 
visions of  this  act. 

§  4.  In  all  school  districts  to  which  this  act  shall 
apply  the  boards  of  education  or  school  directors  shall 
anniiall,v,  i-eiore  the  first  day  of  August,  certify  to  the 
Tax  levy,  city  council  under  '  he  hands  and  seals  of  rhe  president, 
and  secret  iry  of  the  board,  the  amount  of  money  re- 
quired to  be  raised  by  taxation  for  school  purposes  in 
said  district  for  the  ensuing  year,  and  the  said  city 
council  sil  l  II  thereupon  cause  the  said  amount  to  be 
levied  and  collected  in  the  same  manner  now  provided  by 
law  for  ihe  levy  and  collection  of  taxes  for  school  pur- 
poses in  such  district,  but  the  amount  to  be  so  levied 
and  collected  shall  not  exceed  the  amount  now  allowed 
to  be  collected  for  school  purposes  ,by  the  general  school 
laws  of  this  State ;  and  when  such  taxes  have  been  col- 
lected and  paid  over  to  tiie  treasurer  of  such  city  or 
school  district,  as  mny  be  provided  by  the  terms  of  the 
act  under  which  such  district  has  been  organized,  such 
funds  sh.'ill  l-e  paid  out  only  on  the  order  of  the  board  of 
education  or  the  school  dirt-ctors,  signed  by  the  president 
and  secretary  of  such  board.    [Approved  May  29,  1879.] 


REGULATES  PAYMENT  OF  FUNDS  TO  SCHOOL  TREASURERS. 

An  Act  to  regulate  the  payment  of  vioveys  into  the  hands  of 
township  school  treasurers. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of 
Illinois,  represented  in  the  General  Assembly,  That  it  shall 


69 


I 


be  the  duty  of  county  treasurers,  county  superintendents 
of  schools,  township  collectors,  and  all  other  persons  pay- 
ing money  into  the  hands  of  township  school  treasurers, 
for  school  purposes,  on  or  before  the  thirtieth  of  Sep- 
tember of  each  year,  to  notify,  in  writing,  the  presidents 
of  boards  of  school  trustees  and  the  clerks  of  the  school 
districts,  [of]  the  amount  paid  into  the  township  treas- 
urer's hands',  and  the  date  of  payment.  [Approved  May 
33,  1881.] 


CUSTODIANS  OF  PUBLIC  FUNDS  TO  PUBLISH  ANNUAL  STATEMENTS. 

An  Act  to  require  officers  having  in  their  custody  public  funds 
to  prepare  and  publish  an  annual  statement  of  the  receipts 
and  disbursement  of  such  funds. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of 
Illinois,  represented  in  the  General  Assembly,  That  each 
and  every  public  officer,  elected  or  appointed,  of  each 
and  every  county  and  township  in  this  State,  who  shall, 
by  virtue  of  his  or  her  office,  have  the  custody  of  public 
funds,  shall,  at  the  expiration  of  each  fiscal  year,  pre- 
pare a  statement  of  the  amount  of  public  funds  received 
and  expended  by  him  or  her  during  the  fiscal  year  just 
closed ;  which  statement  shall  show  the  amount  of  public 
funds,  if  any,  on  hand  at  the  commencement  of  said 
fiscal  year,  the  amount  of  public  funds  received,  and 
from  what  sources  received,  the  amount  of  public  funds 
expended,  and  for  what  purposes  expended ;  and  the  of- 
ficer making  such  statement  shall  subscribe  and  swear  to 
the  same  before  some  person  authorized  to  administer 
oaths ;  and  such  officer  shall  cause  such  statement  to  be 
published  in  some  newspaper  published  in  the  county  in 
which  such  officer  holds  his  or  her  office,  for  one  week ; 
and  if  no  newspaper  be  published  in  such  county,  then 
such  officer  shall  make  three  (3)  written  copies  of  such 
statement,  and  post  them  in  three  (3)  of  the  most  public 
places  nearest  to  the  location  of  his  or  her  office :  Pro- 
vided, that  the  provisions  of  this  act  shall  not  apply  to 
sheriffs,  circuit  clerks,  county  clerks,  county  recorders, 
county  superintendents  of  schools,  county  treasurers, 
county  collectors,  and  township  collectors  in  counties 
under  township  organization  :  And,  provided,  further, 
that  the  cost  of  the  publication  of  said  statement  shall 
not  exceed  the  sum  of  one  dollar  ($1)  per  one  hundred 
words,  to  be  paid  out  of  the  funds  in  the  hands  of  the 
officer  making  such  statement :  And,  provided,  further, 
that  said  public  officer  shall  not  be  required  to  have  said 
statement  published,  if  he  shall  be  unable  to  procure 
SQch  publication  at  the  price  allowed  by  this  act. 

^  2.    Any  public  officer  of  any  county  or  township  in 
this  State,  who,  by  virtue  of  his  or  her  office,  shall  have 
—5 


I 


70 


the  custody  of  public  funds,  and  who  shall  refuse  or 
neglect  to  comply  with  the  provisions  of  first  section  of 
this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  and, 
upon  conviction  thereof,  shall  be  fined  not  less  than  fifty 
dollars  ($50),  nor  more  than  five  hundred  dollars  ($500), 
at  the  discretion  of  the  court,  which  fine  shall  be  paid 
into  the  treasury  of  the  county  or  township  in  which  the 
officer  convicted  of  said  misdemeanor  shall  hold  his  or 
her  office ;  and  it  shall  be  the  duty  of  the  State's  attorney 
for  the  county  in  which  said  misdemeanor  is  committed, 
to  bring  suit  against  any  public  officer  charged  with  the 
violation  of  the  provisions  of  this  act,  in  any  court  having 
jurisdiction.    [Approved  May  30,  1881.] 


COUNTY  SUPEEINTENDENTS'  COMPENSATION. 

An  Act  concerning  fees  and  salaries,  and  to  classify  the 
several  counties  with  reference  thereto. 

[Only  a  single  section  of  this  act  is  printed  here.] 

§  27.  The  fees  of  county  superintendents  of  schools 
shall  be  as  follows :  Three  per  cent,  commissions  upon 
the  amount  of  sales  of  school  lands,  or  of  sales  of  land 
upon  mortgage,  or  sales  of  real  estate  taken  for  debt,  in- 
cluding all  services  connected  therewith.  Two  per  cent, 
commission  upon  all  sums  distributed,  paid  or  loaned  out 
out  by  them  for  the  support  of  schools.  For  all  other  du- 
ties required  by  law  to  be  performed  by  them,  for  such 
number  of  days  as  may  be  designated  by  the  county 
board,  in  counties  of  first  and  second  class,  the  sum  of 
four  dollars  per  day;  in  counties  of  the  third  class,  the 
county  superintendent  of  schools  shall  be  paid  eight  dol- 
lars per  day :  Provided,  that  the  entire  compensation  re- 
ceived by  him  shall  not  exceed  the  sum  of  three  thousand 
dollars  per  annum.    [Approved  March  29,  1872.] 


SPECIAL  DISTRICTS  FORMED. 

An  Act  to  provide  a  way  hy  tvhich  the  people  of  any  terri- 
tory lying  within  three  or  more  school  districts,  and  in  three 
or  more  townships,  containing  not  less  than  four  hundred 
inhabitants,  may  be  organized  into  a  school  district. 

Section  1.    Be  it  enacted  by  the  People  of  the  State  of 
Illinois,  represented  in  the  General  Assembly,  That  when  the 
people  in  any  territory  lying  in  three  or  more  school  dis- 
tricts, and  in  three  or  more  townships,  which  territory 


71 


has  not  less  than  four  hundred  inhabitants,  shall  petition 
the  trustees  of  the  township  or  townships  in  which  the 
districts  affected  lie,  to  organize  said  territory  into  a  school 
district,  the  trustees  shall  grant  the  petition,  and  shall 
organize  said  territory  .into  a  school  district,  provided 
the  petition  shall  be  signed  by  not  less  than  two- thirds 
of  the  legal  voters  living  in  said  territory :    Provided,  also, 
that  the  petition  or  petitions  for  such  new  district  shall 
be  presented  to  the  trustees  and  notice  of  them  given  to 
the  directors  of  the  districts  affected,  in  the  manner  fixed 
by  section  thirty-three,  of  the  general  school  law,  for  pre- 
senting and  giving  notice  of  petitions  for  changes  of  dis- 
trict boundaries ;  and  that  a  division  of  property  and 
adjustment  of  existing  debts  between  the  new  district  and 
the  district  or  districts,  a  part  of  whose  territory  is  taken, 
shall  be  made  in  the  way  provided  in  said  section  thirty- 
three,  for  the  division  of  property  and  the  adjustment 
of  debts  when  a  new  district  is  formed  :    Provided  further, 
that  in  the  formation  of  a  new  district  under  this  act,  ter- 
ritory shall  not  be  taken  from  any  existing  district  so  as 
to  leave  it  with  less  than  twenty  families  residing  within 
that  part  of  the  district  not  taken,  nor  with  taxable  prop- 
erty of  an  assessed  value  less  than  fifty  thousand  dollars 
(150,000),  as  ascertained  by  the  last  assessment  for  State 
and  county  taxes,  previous  to  the  presentation  of  the  peti- 
tions for  the  new  district.    When  a  district  is  organized 
under  this  act,  it  shall  be  the  duty  of  the  trustees  to  order 
an  election  of  a  school  board  in  the  newly  constituted 
district,  in  the  manner  provided  in  the  general  school 
law  for  calling  elections  in  new  districts ;  and  it  shall  be 
the  duty  of  the  clerk  or  clerks  of  the  trustees  to  file  a 
map  or  maps  and  records,  as  provided  in  section  thirty- 
three  of  the  school  law,  in  case  of  changes  of  district 
lines.    [Approved  June  18,  1883.] 


REFUNDING   BONDS  AND   OTHER   OUTSTANDING   INDEBTEDNESS  — 
WITH  REGISTRATION  WITH  STATE  AUDITOR. 

An  Act  to  amend  an  act,  approved  April  27,  1877,  entitled 
"An  act  to  amend  an  act  entitled  'An  act  relating  to  covnty 
and  city  debts,  and  to  provide  for  the  payment  thereof  by 
taxation,  in  such  counties  and  cities,'  approved  February 
IS,  1865;  and  to  amend  the  title  thereof.'' 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of 
Illinois,  represented  in  the  General  Assembly,  That  an  act, 
approved  April  27,  1877,  entitled  "An  act  to  amend  an 
act  entitled  'An  act  relating  to  county  and  city  debts,  and 
to  provide  for  the  payment  thereof  by  taxation,  in  such 
counties  and  cities'  approved  February  18,  1865;  and  to 
amend  the  title  thereof,"  be,  and  the  same  is,  hereby 
amended  so  that  section  two  shall  read  as  follows : 


72 


§  2.    The  first  and  subsequent  sections  of  said  act  shall 
be  as  follows : 

When  issued.  §  1  ^  That  in  all  cases  where  any  county,  city,  town, 
township,  school  district,  or  other  municipal  corporation, 
has  issued  bonds  or  other  evidences  of  indebtedness,  for 
money,  or  has  contracted  debts,  which  are  the  binding, 
subsisting  legal  obligations  of  such  county,  city,  town, 
township,  school  district,  or  other  municipal  corporation, 
and  the  same,  or  any  portion  thereof,  remain  outstanding 
and  unpaid,  it  shall  be  lawful  for  the  proper  corporate 
authorities  of  any  such  county,  city,  town,  township, 
school  district,  or  other  municipal  corporation,  upon  the 
surrender  of  any  such  bonds  or  other  evidences  of  in- 
debtedness, or  any  number  or  portion  thereof,  to  issue,  in 
lieu  or  place  thereof,  to  the  owners  or  holders  of  the 
same,  new  bonds  prepared  as  hereinafter  directed,  and 
for  such  amounts,  upon  such  time  not  exceeding  twenty 
Rate  of  in-  ^^^^'^j  payable  at  such  place,  and  bearing  such  rate  of 

terest.  interest,  not  exceeding  seven  per  centum  per  annum,  as 
may  be  agreed  upon  with  the  owners  or  holders  of  such 
outstanding  bonds  or  other  evidences  of  indebtedness : 
Provided,  that  bonds  issued  under  this  act,  to  mature 
within  five  years  from  their  date,  may  bear  interest  not 
to  exceed  eight  per  cent,  per  annum.  And  it  shall  also 
be  lawful  for  the  proper  corporate  authorities  of  any  such 
county,  city,  town,  township,  school  district,  or  other 
municipal  corporation,  to  cause  to  be  thus  issued,  such 
new  bonds,  and  sell  the  same  to  raise  money  to  purchase 
or  retire  any  or  all  such  outstanding  bonds  or  other  evi- 
dences of  indebtedness ;  the  proceeds  of  the  sales  of  such 
new  bonds  to  be  expended,  under  the  direction  of  the 
corporate  authorities  aforesaid,  in  the  purchase  or  retiring 
of  the  outstanding  bonds  or  other  evidences  of  indebted- 
ness of  such  county,  city,  town,  township,  school  district, 
or  other  municipal  corporation,  and  for  no  other  purpose 
whatever.  All  bonds  or  other  evidences  of  indebtedness, 
issued  under  the  provisions  of  this  act,  shall  show  upon 
then^  face  that  they  are  issued  under  this  act,  and  the 
purpose  for  which  they  are  issued,  and  shall  be  of  uni- 

oi?to*^prepare  design  and  style,  throughout  the  State,  to  be  pre- 

aform.  scribed  by  the  State  Auditor,  whose  imperative  duty  it 
shall  be  to  devise  and  prepare  such  uniform  style  and 
draft  adapted  to  the  classes  of  bonds  herein  provided  for, 

boildsf^^  namely;  The  first  class  to  consist  of  bonds,  of  which 
only  the  interest  is  payable  annually ;  the  second  class  to 
consist  of  those  of  which  the  interest  and  five  per  centum 
of  the  principal  are  to  be  paid  annually,  and  the  third 
■  class  to  consist  of  a  graduated  series,  the  first  grade,  made 
payable,  principal  and  interest,  at  the  end  of  one  year 
from  the  date  of  issue;  the  second  at  the  end  of  two 
years,  and  thus  to  the  end  of  the  series,  the  class  to  be 
issued  beiug  at  the  option  of  the  legal  voters  expressed  as 
'  herein  provided.    In  any  case,  the  new  bonds,  or  other 


73 


evidences  of  indebtedness,  authorized  to  be  issued  by  this 
act,  shall  not  be  for  a  greater  sum  in  the  aggregate,  than 
the  principal  and  accrued  or  earned  interest  unpaid  of 
such  outstanding  bonds  or  other  evidences  of  indebted- 
ness. And  when  such  new  bonds,  or  other  evidences  of 
indebtedness,  shall  have  been  issued,  in  order  to  be  placed  Sale  of  bonds, 
on  the  market  and  sold  to  obtain  proceeds  with  which  to 
retire  outstanding  bonds,  or  other  evidences  of  indebted- 
ness, it  shall  be  the  duty  of  the  State  Auditor,  on  the 
request  of  the  corporate  authorities  issuing  them,  and  at 
the  expense  of  the  corporation  in  whose  behalf  the  issue 
is  thus  made,  to  negotiate  the  same,  at  not  less  than  par  - 
value,  and  on  the  best  terms  which  can  be  obtained : 
Provided,  always,  that  any  such  county,  city,  town,  town- 
ship, school  district  or  other  municipal  corporation  issuing 
bonds  under  the  provisions  of  this  act,  may,  through  its 
corporate  authorities  duly  authorized,  negotiate,  sell  or 
dispose  of  said  bonds,  or  any  part  thereof,  at  not  less 
than  their  par  value  without  the  intervention  of  the 
Auditor  of  State.  And  provided  further,  that  no  new 
bonds,  or  other  evidences  of  indebtedness,  shall  be  issued 
under  this  act,  unless  the  same  shall  be  first  authorized,  ^^^^  ^^^^ 
as  hereinafter  provided,  by  a  vote  of  a  majoritj^  of  the  people  neces- 
legal  voters  of  such  county,  city,  town,  township,  school 
district,  or  other  municipal  corporation,  voting  at  some 
general  election,  or  special  election  held  for  that  purpose. 

§  2.  In  all  cases  where  any  county,  city,  town,  town-  valuation  of 
ship,  school  district,  or  other  municipal  corporation,  shall  ^^fj}*^^^" '^^^^^ 
issue  any  bonds  or  evidences  of  indebtedness,  under  this 
act,  it  shall  be  the  duty  of  the  county  clerk  of  such  county, 
or  other  officer  to  whom,  or  to  whose  office,  the  assess- 
ment rolls  for  State  taxation  of  the  property  within  such 
county,  city,  town,  township,  school  district,  or  other  mu- 
nicipal corporation,  are  or  shall  be  returnable,  within  five 
days  after  the  total  value  of  the  property  subject  to  tax- 
ation therein  shall  be  returned  to  him,  to  make  out  and 
transmit  to  the  Auditor  of  Public  Accounts,  to  be  filed  in 
his  office,  a  certificate  setting  forth  the  total  value  of  all 
taxable  property,  of  every  nature  and  description,  within 
such  county,  city,  town,  township,  school  district,  or 
other  municipal  corporation,  as  exhibited  by  such  assess- 
ment. And  it  shall  be  the  duty  of  the  Auditor  of  Public 
Accounts,  to  place  on  the  back  of  all  new  bonds,  or  other 
evidences  of  indebtedness  issued  under  the  provisions  of 
this  act,  a  certificate  setting  forth  an  aggregate  statement 
of  -the  amount  of  valuation  of  the  taxable  property  of  tho 
municipal  corporation  issuing  such  new  bonds,  or  other 
evidences  of  indebtedness ;  said  certificate  specially  dis- 
tinguishing the  value  of  real  estate  and  personal  property, 
and  being  based  on  the  return  provided  for,  in  this  sec- 
tion, or,  if  there  should  be  no  such  return  made  by  the 
county  clerk  to  the  State  Auditor,  then  based  on  an  affi- 
davit made  by  the  officials  of  the  corporation  issuing  the 
bonds. 


74 


§  3.  It  shall  be  lawful  for  the  corporate  authorities  of 
Elections.  any  such  municipal  corporation,  or  officers  authorized  by 
law  to  call  elections  therein,  on  the  petition  of  ten  legal 
voters,  resident  therein,  to  submit  to  the  voters  thereof, 
at  any  general  or  special  election,  the  question  of  issuing 
bonds  under  this  act,  by  posting  a  notice  in  ten  of  the 
most  public  places  therein,  and  by  publishing  the  same 
in  the  nearest  newspaper,  twenty  days  before  said  elec- 
tion ;  which  notice  shall  state  the  number  and  amount  of 
bonds  proposed  to  be  issued ;  the  kind  or  class  thereof  as 
specified  in  the  first  section  of  the  act  of  1865  as  hereby 
amended,  and  as  also  amended  by  the  said  act  of  1877  ; 
the  amount  of  each;  the  rate  of  interest,  under  the  limi- 
tation of  this  amendatory  act ;  when  and  where  payable ; 
for  what  purpose  issued,  and  the  time  and  place  when 
and  where  said  election  will  be  held.  And  upon  like  pe- 
tition and  notice  it  shall  be  lawful  for  such  corporate  au- 
thorities, or  officers,  to  submit  the  question  of  issuing 
bonds  under  this  act,  at  a  special  election,  which  shall  be 
held  and  conducted  in  like  manner  as  other  elections 
therein.  The  ballots  shall  read,  ''For  issuing  the  bonds," 
or,  "Against  issuing  the  bonds."  If  a  majority  of  the 
votes  cast  be  for  issuing  the  bonds,  the  same  shall  be  is- 
sued in  conformity  to  the  specifications  of  said  notice. 
Nothing  contained  in  this  act,  or  in  the  acts  to  which  this 
is  an  amendment,  shall  be  held  to  repeal,  or  in  anywise 
affect  the  power  of  the  city  of  Chicago,  to  issue  new  bonds 
of  said  city  conferred  by  an  act  of  the  General  Assembly, 
approved  February  13, 1865,  amending  the  charter  of  said 
city,  nor  to,  in  anywise  affect  any  other  law  which  au- 
thorizes municipal  corporations  to  issue  bonds,  or  other 
evidences  of  indebtedness,  and  which  does  not  provide  for 
the  registration  thereof. 

§  4.  Upon  the  surrender  of  any  bond,  or  other  evi- 
dence of  indebtedness,  under  this  act,  the  same  shall  be 

of  bonds^^^°^  endorsed  canceled,  and  shall  from  time  to  time,  be  de- 
stroyed, under  the  direction  of  the  authority  issuing  the 
same.  Upon  the  issuing  of  any  new  bond,  or  evidence  of 
indebtedness,  the  clerk,  or  other  officer  having  custody  of 
the  records  of  the  fiscal  matters  of  such  county,  city, 
town,  township,  school  district  or  other  municipal  corpo- 
ration, as  the  case  may  be,  shall  make  registration  there- 
Eosistrationof,  in  a  book  to  be  kept  in  his  office  for  that  purpose, 

tion.  '  showing  the  date,  amount,  number,  class,  date  of  maturi- 
ty, rate  of  interest  and  place  of  payment  of  such  new 
bond,  or  other  evidence  of  indebtedness,  and  the  descrip- 
tion of  the  bond  or  evidence  of  indebtedness,  for  which, 
or  for  the  purchasing  or  retiring  of  which,  the  same  was 
given,  as  nearly  as  practicable.  On  presentation  of  any 
such  new  bond  or  evidence  of  indebtedness,  issued  under 
this  act,  at  the  office  of  the  Auditor  of  Public  Accounts, 
for  registration,  the  said  Auditor  shall  cause  the  same  to 
be  registered  in  his  office,  in  a  book  kept  for  that  pur- 


75 


pose ;  such  registration  shall  show  the  date,  amount,  num- 
ber, class,  date  of  maturity,  rate  of  interest,  time  when 
such  interest  is  payable,  and  place  of  payment  of  the 
principal  and  interest  of  such  bond  or  other  evidence  of 
indebtedness,  under  what  act,  by  what  authority,  for  what 
purpose  and  by  what  county,  city,  town,  township,  school 
district  or  other  municipal  corporation  issued,  and  the 
name  of  the  person,  or  persons,  presenting  the  same  for 
registration,  and  for  such  registration,  the  Auditor  shall 
be  entitled  to  a  fee  of  twenty- five  cents,  and  the  Auditor  ^^^eill^ration 
shall,  under  his  seal  of  office,  certify  upon  such  bond  the  ditor. 
fact  of  such  registration;  for  which  the  Auditor  shall  be 
entitled  to  a  fee  of  twenty-five  cents,  such  fees  to  be  paid 
by  the  person  or  persons,  desiring  such  registration  and 
certificate.  No  bonds  issued  under  this  act  shall  be  en- 
titled to  registration  in  the  office  of  the  State  Auditor, 
until  a  sworn  certificate  shall  have  been  filed  with  him, 
showing  that  all  the  requirements  of  this  act,  have  been 
fully  complied  with  in  their  issue.  In  the  case  of  county 
bonds,  such  affidavits  shall  be  made  by  the  chairman  of 
the  county  board.  In  case  of  township  bonds,  by  the  su- 
pervisor of  such  township.  In  the  case  of  city  bonds,  by  the 
mayor  of  such  city ;  in  case  of  town  or  village  bonds,  by 
the  chairman  of  the  town  or  village  board;  and  in  case 
of  school  district  bonds,  by  each  of  the  directors  of  such 
school  district.  Said  certificate  shall  set  forth  the  date 
of  the  election,  at  which  the  people  authorized  the  issu- 
ance of  the  bonds,  and  shall  state  the  class,  date,  num- 
ber, amount,  rate  of  interest,  and  date  of  maturity  of  the 
bonds,  the  aggregate  equalized  value  of  real  property,  and 
the  aggregate  equalized  value  of  personal  property  assessed 
in  such  locality,  for  the  previous  year,  together  with  any 
other  information  in  relation  thereto,  which  may  be  de- 
manded by  the  Auditor  of  Public  Accounts. 

§  5.   When  the  bonds,  or  other  evidences  of  indebted- .^Tax^to  pay 
ness  of  any  county,  city,  town,  township,  school  district  principal  ^^f 
or  other  municipal  corporation,  shall  be  so  registered,  the  bonds. 
Auditor  of  Public  Accounts  shall  annually  ascertain  the 
amount  of  principal  and  interest  due  and  accrued^  and  to 
accrue,  for  the  current  year,  on  all  such  bonds  and  evi- 
dences of  indebtedness,  so  registered  in  his  office,  and 
shall  upon  the  basis  of  the  certificate  of  the  valuation  of 
property  to  be  transmitted  to  him,  as  aforesaid,  or,  in 
case  no  such  certificate  shall  be  transmitted  to  him  or 
filed  in  his  office,  then  upon  the  basis  of  the  total  valua- 
tion of  the  property  in  such  county,  city,  town,  township, 
school  district  or  other  municipal  corporation,  for  the 
year  next  preceding,  estimate  and  determine  the  rate 
per  centum  upon  the  valuation  of  such  property,  requi- 
site to  meet  and  satisfy  the  said  interest,  or  interest  and 
principal,  as  the  case  may  be,  together  with  the  ordinary  ^^'^y- 
cost  to  the  State  of  the  collection  and  disbursement  of 
the  same,  to  be  estimated  by  the  Auditor  and  State 


76 


Treasurer,  and  shall  make  and  transmit  to  the  county 
clerk  of  such  county,  or  of  the  county  in  which  such 
city,  town,  township,  school  district  or  other  municipal 
corporation  is  situated,  or  to  the  officer  or  authority  whose 
duty  it  is,  or  may  be,  to  prepare  the  estimates  and  books 
for  the  collection  of  State  taxes  in  such  county,  city, 
town,  township,  school  district  or  other  municipal  cor- 
poration, a  certificate  setting  forth  such  estimated  requi- 
site per  centum  for  such  purposes,  to  be  tiled  in  his 
office ;  and  the  said  per  centum  shall  thereupon  be 
Collection,  deemed  added  to  and  a  part  of  the  per  centum,  which  is 
or  may  be  levied,  or  provided  by  law,  for  the  purposes 
of  State  revenue,  and  shall  be  so  treated  by  such  clerk, 
officer  or  authority  in  making  such  estimates  and  books 
for  the  collection  of  State  taxes ;  and  the  said  taxes  shall 
be  collected  with  the  State  taxes,  and  all  laws  relating  to 
the  State  revenue  shall  apply  thereto,  except  as  herein 
otherwise  provided :  Provided,  that  it  shall  be  lawful  for 
the  county  collector,  at  any  time  before  settlement  with 
the  State  Treasurer,  to  pay  from  such  taxes,  any  coupons 
that  are  due  for  interest  that  may  be  presented  for  pay- 
ment, and  to  pay  from  any  surplus,  not  required  for 
interest  purposes,  the  principal  of  any  such  bond  that 
may  be  presented  for  payment,  and  to  pay  from  any  sur- 
plus, not  required  for  interest  purposes,  the  principal  of 
any  such  bond  that  may  be  presented  for  payment, 
whether  due  or  not,  and  in  settlement  with  the  State 
Treasurer  the  county  collector  shall  be  credited  with  such 
paid  coupons  and  bonds,  the  same  as  money. 

state  not  li-    §  6.    The  State  shall  be  deemed  the  custodian  only  of 
gbie^^for  the  the  tax  SO  Collected,  and  shall  not  be  deemed  in  any 
manner  liable  on  account  of  such  bonds,  or  other  evidences 
of  indebtedness ;  but  the  tax  and  funds  so  collected  shall 
be  deemed  pledged  and  appropriated  to  the  payment  of 
■  the  principal  and  interest  of  the  registered  bonds,  and 

evidences  of  indebtedness,  to  satisfy  which,  the  same  is 
hereinbefore  provided  to  be  collected,  as  aforesaid,  and 
such  new  bonds  and  evidences  of  indebtedness,  issued 
under  the  authority  hereof,  shall  be  deemed  secured  and 
provided  for,  in  virtue  and  faith  hereof,  until  fully  satis- 
tied.  The  States  hall,  annually,  collect  and  apply  the  said 
fund  to  the  satisfaction  of  the  interest,  or  interest  and 
portion  of  the  principal,  as  the  case  may  be,  of  such 
registered  bonds,  or  evidences  of  indebtedness,  of  any  such 
county,  city,  town,  township,  school  district  or  other  mu- 
nicipal corporation,  to  the  extent  the  same  is  herein  con- 
templated to  be  derived  from  such  tax,  in  the  same 
manner  as  the  interest  on  the  bonds  of  the  State  is, 
or  may  be  collected  or  paid,  and  in  like  moneys  as  shall 
state  to  pay  be  receivable  in  payment  of  State  taxes ;  and  moneys  so 
?oiiectedf^^^P^^i(^  upon  the  principal  of  any  such  bonds,  or  evidences 
of  indebtedness,  shall  be  endorsed  thereon,  and  due  re- 
ceipts therefor  shall  be  taken  and  filed  in  the  office  of 


\ 


77 


the  Auditor  of  Public  Accounts,  or  State  Treasurer,  and 
interest  coupons,  or  bonds  or  other  evidences  of  indebt- 
edness, so  paid,  shall  be  returned  to  one  of  said  officers, 
and  shall  be  canceled  and  returned  to  the  corporate 
authorities  of  the  municipality  which  issued  the  same, 
in  the  manner  now  provided  by  law. 

§  7.  The  State  may,  out  of  such  fund,  first  retain  or  ^^Costto  the 
satisfy  the  ordinary  cost  to  the  State,  of  the  collection  deducted, 
and  disbursement  thereof ;  and  in  case  of  the  non- 
presentment  of  any  such  bond,  or  evidence  of  indebted- 
ness, or  interest  coupon  of  any  such  county,  city,  town, 
township,  school  district,  or  other  municipal  corporation, 
for  payment,  at  the  times  and  when  and  where  the  inter- 
est on  the  State  debt  is,  or  may  be  paid,  then,  o.n  the 
beginning  of  the  next  year,  the  moneys  by  reason  thereof 
undisbursed,  together  with  any  surplus  for  any  cause  re- 
maining, shall  be  carried  to  the  fund  of  such  county,  city, 
town,  township,  school  district  or  other  municipal  corpo- 
ration of  the  current  or  ensuing  year,  and  be  considered 
by  the  Auditor  in  making  his  next  estimate  for  taxation 
therein  for  such  year  under  this  act,  and  shall  be  applied 
accordingly.  All-  laws  relating  to  the  payment  of  interest  aishuvled!^^^ 
on  the  State  debt,  or  the  cancellation  of  the  evidences 
thereof,  not  inconsistent  with  this  act,  shall  apply  to  the 
receipt,  custody  and  disbursement  of  the  taxes  and  funds 
provided  by  this  act. 

§  8.  Upon  the  maturity  of  such  registered  bond,  or  ^  o^n  Js^^not 
other  evidence  of  indebtedness,  and  the  non-payment  paid  at  ma- 
thereof  by  the  county,  city,  town,  township,  school  district,  ^^^^^^* 
or  other  municipal  corporation  issuing  the  same,  the  holder 
thereof  may  cause  the  same  to  be  registered  in  the  office 
of  the  Auditor,  as  a  matured  or  unsatisfied  bond,  or  evi- 
dence of  indebtedness,  and  thereupon,  for  the  purpose  of 
providing  for  the  payment  of  the  principal  thereof,  at  the 
rate  of  five  per  centum  of  such  principal,  annually,  and 
of  the  interest  thereon  in  arrear,  and  for  the  current  year 
to  accrue,  together  Avith  the  cost  to  the  State  of  the  col- 
lection and  disbursement  thereof,  as  aforesaid ;  the  same 
proceedings  in  all  respects,  shall  be  had  as  is  hereinbefore 
provided,  for  the  payment  of  the  interest  on  such  bonds 
and  evidences  of  indebtedness,  by  the  collection  of  an 
annual  tax  sufficient  for  the  purposes  in  the  section  con- 
templated ;  and  the  same  shall  be  collected  and  applied, 
as  aforesaid,  to  such  purpose,  from  year  to  year,  until  the 
fall  satisfaction  thereof,  when  such  bonds  or  evidences  of 
indebtedness  shall  be  canceled  and  returned,  as  herein- 
before provided. 

§  9.    Upon  the  payment  of  any  such  registered  bond,  ^^^ay^°ient 
or  evidence  of  indebtedness,  and  presentation  thereof  to  ^  ' 
the  Auditor,  he  shall  cause  due  entry  thereof  to  be  made 
in  his  office. 

§  10.  There  shall  be  allowed  to  the  officers  collecting 
and  paying  over  the  taxes  authorized  to  be  collected  under 


78 


the  provisions  of  this  act,  the  same  fees,  or  compensa- 
Coiiectors' tion,  as  is  or  may  be  allowed  by  law  for  collecting  and 
s  and  bond  paying  over  State  taxes,  and  where  such  tax  is  levied,  the 
bonds  of  the  collectors  thereof,  shall  be  increased  in  pro- 
portion to  the  estimated  amount  of  such  tax  to  be  col- 
lected.   [Approved  June  4,  1879.] 


FURTHER  AMENDMENT  OF  THE  SAME  ACT. 

An  Act  to  amend  an  act  entitled  "An  act  to  amend  an  act 
entitled  ^  An  act  relating  to  county  and  city  debts,  and 
to  provide  for  the  payment  thereof  by  taxation  in  such 
counties  and  cities,'  approved  February  13,  1865,  and  to 
amend  the  title  thereof,''  approved  and  in  force  April 
27,  1877. 

Be  it  enacted  by  the  People  of  the  State  of  Illinois,  rep- 
resented in  the  General  Assembly,  That  an  act  entitled  "An 
act  to  amend  an  act  entitled  'An  act  relating  to  county 
and  city  debts,  and  to  provide  for  the  payment  thereof, 
by  taxation  in  such  counties  and  cities,'  approved  Feb- 
ruary 13,  1865,  and  to  amend  the  title  thereof,"  approved 
and  in  force  April  27,  1877,  be  and  the  same  is  amended 
by  adding  the  following  section  after  section  ten  in  said 
act. 

§  11.  All  bonds  issued  under  this  act  shall  be  executed 
on  behalf  of  the  municipalities  issuing  the  same  by  the 
Execution  following  named  officers,  viz  :  On  behalf  of  counties  under 
)onds.  ^Yie  township  organization  laws  of  this  State,  by  the  chair- 
man of  the  board  of  supervisors  and  the  clerk  of  the  county 
court  attesting  the  same  with  his  signature  and  official 
seal.  On  behalf  of  counties  not  under  township  organiza- 
tion by  the  acting  chairman  of  the  board  of  county  com- 
missioners together  with  the  clerk  of  the  county  court 
attesting  the  same  with  his  signature  and  official  seal. 
On  behalf  of  cities,  by  the  mayor  and  city  clerk  together 
with  the  seal  of  the  city.  On  behalf  of  towns  organized 
under  the  township  organization  law  of  this  State,  by  the 
supervisor  or  supervisors  of  such  town,  (as  the  case  may 
be)  and  the  town  clerk  of  such  towns.  On  behalf  of  all 
other  municipalities  hereinbefore  mentioned  by  the  presi- 
dent, chairman,  or  chief  executive  officer  thereof  together 
with  the  clerk  or  secretary  thereof.  Provided,  that  nothing 
herein  contained  shall  be  so  construed  as  to  authorize  the 
officers  herein  mentioned  to  issue  bonds  under  this  act 
except  upon  a  majority  vote  of  the  voters  as  hereinbefore 
provided.    [Approved  May  28,  1879.] 


79 


REFUNDING    BONDS   AND    OTHER  OUTSTANDING  INDEBTEDNESS — 
WITHOUT  REGISTRATION  WITH  THE   STATE  AUDITOR. 

An  Act  to  amend  an  act  entitled  ''An  act  to  enable  coun- 
ties, cities,  townships,  school  districts  and  other  munici- 
pal corporations  to  take  up  and  cancel  outstanding  bonds 
and  other  evidences  of  indebtedness,  and  fund  the  same,^* 
approved  and  in  force  March  26,  1872. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of 
Illinois,  represented  in  the  General  Assembly,  That  section 
one  of  the  aforesaid  act  be  amended  so  as  to  read  as 
follows : 

§  1.  That  in  all  cases  where  any  county,  city,  town, 
township,  school  district,  or  other  municipal  corporation 
have  issued  bonds  or  other  evidences  of  indebtedness  for 
money,  on  account  of  any  subscription  to  the  capital 
stock  of  any  railroad  company,  or  on  account  of  or  in 
aid  of  any  public  buildings  or  other  public  improvement, 
or  for  any  other  purposes  which  are  now  binding  or  sub- 
sisting legal  obligations  against  any  county,  city,  town, 
township,  school  district  or  other  municipal  corporations,  and 
remaining  outstanding,  and  which  are  properly  author- 
ized by  law,  the  proper  authorities  of  any  such  county, 
city,  town,  township,  school  district  or  other  municipal 
corporations  may,  upon  the  surrender  of  any  such  bonds, 
or  other  evidences  of  indebtedness,  or  any  number  there- 
of, issue  in  place  or  in  lieu  thereof,  to  the  holders  or 
owners  of  the  same,  new  bonds  or  other  evidences  of  in- 
debtedness, in  such  form,  for  such  amount,  upon  such 
time,  not  exceeding  the  term  of  twenty  years,  and  draw- 
ing such  rate  of  interest,  not  exceeding  ten  per  cent.,  as 
may  be  agreed  upon  with  such  holders  or  owners;  and 
such  new  bonds  or  other  evidences  of  indebtedness  so 
issued,  shall  show  on  their  face  that  they  are  issued  under 
this  act :  Provided,  that  the  issue  of  such  new  bonds  in  Bonds  to  be 
lieu  of  such  indebtedness  shall  first  be  authorized  by  afvotT^''^^^ 
vote  of  a  majority  of  the  legal  voters  of  such  county, 
city,  town,  township,  school  district  or  other  municipal 
corporation,  voting  either  at  some  annual  or  special 
election  of  such  municipal  corporation ;  And,  provided, 
further,  that  such  bonds  or  other  evidences  of  indebted- 
ness shall  not  be  issued  so  as  to  increase  the  aggregate 
indebtedness  of  such  municipal  corporation  beyond  five 
per  centum  on  the  value  of  the  taxable  property  therein 
— to  be  ascertained  by  the  last  assessment  for  State  and 
county  taxes,  prior  to  the  issuing  of  such  bonds  or  other 
evidences  of  indebtedness.  Nothing  contained  in  this  act, 
or  in  the  act  to  which  this  is  an  amendment,  shall  be 
held  to  repeal  or  in  anywise  affect  the  power  of  the  city 
of  Chicago  to  issue  new  bonds  to  an  amount  sufficient  to 
retire  and  satisfy  maturing  bonds  of  said  city,  conferred 


80 


by  section  thirty-eight  of  an  act  of  the  General  Assembly, 
approved  February  13,  1863,  amending  the  charter  of  said 
city.    [Approved  April  14,  1875.] 


OEDEES   DEAWN  AGAINST  FUNDS   ON  HAND — AGAINST  TAXES 

UNCOLLECTED. 

An  Act  to  provide  for  the  manner  of  issuing  warrants  upon 
the  treasu7'er  of  any  couniy,  toivnship,  city,  school  district 
or  other  municipal  corporation,  and  jurors'  certificates. 

Section  1,  Be  it  enacted  by  the  People  of  the  State  oj 
Orders  on  Illinois,  represented  in  the  General  Assembly,  That  v^arranta 
demand.  payable  on  demand  shall  hereafter  be  drav/n  and  issued 
upon  the  Treasurer  of  this  State,  or  of  any  county,  town- 
ship, city,  school  district  or  other  municipal  corporation, 
or  against  any  fund  in  his  hands,  only  when,  at  the  time 
of  the  drawing  and  issuing  of  such  warrants,  there  shall 
be  sufficient  money  in  the  appropriate  fund  in  the  treasury 
to  pay  said  warrants. 

§  2.    That  whenever  there  is  no  money  in  the  treasury 
In  antieipa-  county,  township,  city,  school  district  or  other  mu- 

tion  of  taxes,  nicipal  corporation  to  meet  and  defray  the  ordinary  and 
necessary  expenses  thereof,  it  shall  be  lawful  for  the  proper 
authorities  of  any  county,  township,  cifcy,  school  district 
or  other  municipal  corporation,  to  provide  that  warrants 
may  be  drawn  and  issued  against  and  in  anticipation  of 
the  collection  of  any  taxes,  already  levied  by  said  authori- 
ties for  the  payment  of  the  ordinary  and  necessary  ex- 
penses of  any  such  municipal  corporation,  to  the  extent 
of  seventy-five  per  centum  of  the  total  amount  of  any  said 
tax  levy  :  Provided,  that  warrants  drawn  and  issued  under 
the  provisions  of  this  section,  shall  show  upon  their  face 
that  they  are  payable  solely  from  said  taxes  when  col- 
lected, and  not  otherwise,  and  shall  be  received  by  any 
collector  of  taxes  in  payment  of  the  taxes  against  which 
they  are  issued,  and  which  taxes,  against  which  said  war- 
rants are  drawn  shall  be  set  apart  and  held  for  their 
payment. 

§  3.  All  jurors'  certificates  shall  hereafter  be  issued  in 
conformity  with  the  provisions  of  this  act.  [Approved 
May  31,  1879,] 


81 


CREATING  A  SINKING  FUND. 


An  Act  to  provide  a  sinking  fund  for  local  indebtedness. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of 
Illinois,  represented  in  the  General  Assembly,  That  when- 
ever any  county,  township,  city,  town  or  school  district  How  created, 
shall  owe  any  bonded  debt  not  due,  which  is  registered  in 
the  office  of  the  Auditor  of  this  State,  the  board  of  super- 
visors, or  board  of  county  commissioners,  town  auditors, 
city  council,  town  trustees,  or  school  directors  of  such 
county,  township,  city,  town  or  school  district,  as  the  case 
may  be,  may,  by  resolution  spread  upon  their  records  and 
ti^-ertified  to  the  Auditor,  request  said  Auditor  to  create  a 
sinking  fund  to  meet  any  such  debt,  or  any  installment 
thereof,  by  the  time  the  same  shall  become  due  and  pay- 
able. Said  resolution  shall  specify  the  principal  amount 
to  be  so  provided  for,  the  time  when  the  same  shall  be- 
come due  and  the  amount  they  desire  raised  annually  to 
meet  the  same. 

§  2.  Upon  the  receipt  of  such  resolution,  the  Auditor 
shall  file  in  his  office  the  same,  and  thereafter  it  shall  be 
his  duty,  in  certifying  the  amount  of  taxes  to  be  raised 
within  said  district,  to  fix  and  certify  a  rate,  to  be  de- 
nominated "sinking  fund  tax,"  sufficient  to  produce  the  tai^'^^^^ 
amount  annually  required  in  said  resolution,  and  the  same 
shall  be  levied,  extended  and  collected,  and  paid  into  the 
State  treasury  the  same  as  other  State  taxes. 

§  3.  The  State  Treasurer  shall  receive  said  taxes  so 
collected,  and  invest  the  same  in  U.  S.  Grovernment  bonds, 
or  in  the  bonds  of  the  county,  township,  city,  village  or  invest 
school  district  to  which  such  fund  belongs,  and  for  which  ed.  ^^^^^^^  " 
it  is  created,  at  the  lowest  price  for  which  such  bonds  can  be 
purchased,  not,  however,  to  exceed  the  par  value  and  accrued 
interest ;  and  such  county  commissioners,  supervisors,  town 
aiiditors,  city  council,  town  or  village  trustees,  or  school 
directors,  shall  have  the  right  to  determine  the  kind  of 
bonds  they  will  authorize  to  be  purchased,  and  to  fix  the 
maximum  price  that  may  be  paid  for  the  same ;  and  in 
case  of  the  purchase  of  Government  bonds,  then  the 
Treasurer  shall  receive  the  interest  as  it  accrues  on  said 
bonds  and  reinvest  it  in  the  same  kind  of  securities,  and 
in  case  of  the  purchase  of  the  bonds  for  which  the  sinking 
fund  is  raised,  then  such  purchased  bonds  shall  be  re- 
turned to  the  county,  township,  city,  village  or  school  dis- 
trict and  be  canceled  or  destroyed  by  the  proper  authori- 
ties.   [Approved  May  28,  1881.] 


82 


LOANING    SCHOOL   FUNDS    IN   DISTRICTS    UNDER   SPECIAL  LAWS. 

An  Act  to  regulate  the  Loaning  of  School  Funds. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of 
Illinois y  represented  in  the  General  Assembly,  That  in  all 
cases  where  school  funds  are  held  by  any  person  or  per- 
sons in  an  official  capacity,  by  virtue  of  any  special 
charter  defining  the  manner  of  loaning  the  same,  such 
moneys  may  be  loaned  upon  the  same  terms  and  condi- 
tions as  are  now  provided,  or  may  hereafter  be  provided, 
by  the  school  laws  of  this  State.  [Passed  with  emergency 
clause.   Approved  March  20,  1883.] 


educational  rights  of  children. 

An  Act  to  secure  to  all  Children  the  Benefit  of  an  Elementary 

Education. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of 
Illinois,  represented  in  the  General  Assembly,  That  every 
Who  mustPSi'son  having  the  control  and  charge  of  any  child  or 
send^chiidren  children,  between  the  ages  of  eight  and  fourteen  years, 
shall  send  such  child  or  children  to  a  public  or  private 
school  for  a  period  of  not  less  than  twelve  weeks  in  each 
school  year,  unless  such  child  or  children  are  excused 
from  attending  school  by  the  board  of  education,  or  school 
directors  of  the  city,  town  or  school  district  in  which  such 
child  or  children  reside.  Such  excuse  may  be  given  by 
said  board  of  education  or  school  directors  for  any  good 
cause  shown  why  said  child  or  children  shall  not  be  re- 
quired to  attend  school  in  conformity  with  this  act. 

§  2.    It  shall  be  a  good  defense  to  any  suit  brought 
under  this  act,  if  the  person  under  whose  control  such 
What  shall  child  or  children  are,  can  show  that  the  mental  or  bodily 
fe^nsf ?or  non-  condition  of  such  child  or  children  is  such  as  to  prevent 
w?th^the\aT?^      attendance  at  school  or  application  to  study  for  the 
period  required  by  this  act,  or,  for  the  time  required  by 
this  act,  in  such  branches  as  are  ordinarily  taught  in 
primary  or  other  schools,  or  has  acquired  the  branches  of 
learning  ordinarily  taught  in  public  schools,  or  that  no 
public  school  has  been  taught  within  two  miles,  by  the 
nearest  traveled  road,  of  the  residence  of  such  child  or 
children,  within  the  school  district  in  which  said  child  or 
children  reside,  for  twelve  weeks  during  the  year. 

§  3.    It  any  person  having  the  control  and  charge  of 
Penalty  for^^^^^      children  shall  fail  or  neglect  to  comply  with  the 
non  -  compli-  provisions  of  this  act,  said  person  shall  pay  a  fine  of  not 
auce  with  the  J^gg  thsin  five  nor  more  than  twenty  dollars.    Suit  for  the 


83 


recovery  of  the  fine  and  costs  shall  be  brought  by  any 
director,  or  member  of  any  board  of  education,  of  the 
district  in  which  such  person  resided  at  the  time  of  the 
committal  of  the  offense,  before  any  justice  of  the  peace 
of  said  township.  Jurisdiction  is  hereby  conferred  on  all 
justices  of  the  peace  in  this  State  for  the  enforcing  of  this 
act.  Such  fine  shall  be  paid,  when  collected,  to  the  school 
treasurer  of  said  township,  to  be  accounted  for  by  him  as 
other  school  money  raised  for  school  purposes. 

§  4.    It  is  hereby  made  the  duty  of  school  directors torV^  ^an^d 
and  members  of  the  boards  of  education  to  prosecute  of-  gJf^^^l^Q^f 
fenses  occurring  under  this  act.    The  neglect  so  to  pros-  cuSoif  liable 
ecute  by  any  school  director,  or  member  of  any  board  of  forcing  ^  t  he 
education,  within  twenty  days  after  written  notice  has  law. 
been  served  on  such  director,  or  member  of  such  board 
of  education,  by  any  tax  payer  residing  in  such  district, 
that  any  person  has  violated  this  act,  shall  subject  Penalty, 
or  them  to  a  fine  of  ten  dollars,  to  be  sued  for  by  any 
tax  payer  residing  in  the  school  district  where  the  viola- 
tion of  this  act  occurred,  before  any  justice  of  the  peace 
in  the  township  where  the  said  school  district  may  be  lo- 
cated ;  and  when  such  fine  is  collected  it  shall  be  reported 
by  said  treasurer,  and  accounted  for  as  other  money  raised 
for  school  purposes,  and  become  a  part  of  the  school  fund 
of  said  township.    [Approved  June  23,  1883.] 


V 


APPENDIX. 


tContains  acts  establishing  State  Normal  Schools  and  providing  for  County 
Normal  Schools  and  Industrial  Schools  for  Girls  and  Boys.] 


ILLINOIS  STATE  NOKMAL  UNIVERSITY,  NORMAL. 

An  Act  for  the  establishment  and  maintenance  of  a  'Normal 

University, 

Section  1,  Be  it  enacted  by  the  People  of  the  State  of  Illi- 
nois, represented  in  the  General  Assembly,  That  C.  B.  Denio, 

Corporators,  of  Jo  Daviess  county,  Simeon  Wright,  of  Lee  county, 
Daniel  Wilkins,  of  McLean  county,  C.  E.  Hovey,  of  Peoria 
county,  George  P.  Kex,  of  Pike  county,  Samuel  W.  Moul- 
ton,  of  Shelby  county,  John  Gillespie,  of  Jasper  county, 
George  Bunsen,  of  St.  Clair  county,  Wesley  Sloan,  of 
Pope  county,  Ninian  W.  Edwards,  of  Sangamon  county, 
John  Eden,  of  Moultrie  county,  Elavel  Mosely,  of  Cook 
county,  William  H.  Wells,  of  Cook  county,  Albert  E. 
Shannon,  of  White  county,  and  the  Superintendent  of 
Public  Instruction,  ex  officio,  with  their  associates,  who 
shall  be  elected  as  herein  provided,  and  their  successors, 
are  hereby  created  a  body  corporate  and  politic,  to  be 

style.  ^iylQdi  ''The  Board  of  Education  of  the  State  of  Illinois," 

and  by  that  name  and  style  shall  have  perpetual  succes- 
Generai     sion,  and  liavc  power  to  contract  and  be  contracted  with, 

power  to  sue  and  be  sued,  to  plead  and  be  impleaded,  to  acquire, 
hold  and  convey  real  and  personal  property ;  to  have  and 
use  a  common  seal,  and  to  alter  the  same  at  pleasure ; 
to  make  and  establish  by-laws  and  alter  or  repeal  the 
same  as  they  shall  deem  necessary  for  the  government  of 
the  normal  university  hereby  authorized  to  be  established, 
or  any  of  its  departments,  officers,  students  or  employes, 
not  in  conflict  with  the  constitution  and  laws  of  this 
State,  or  of  the  United  States ;  and  to  have  and  exercise 
all  powers,  and  be  subject  to  all  duties  usual  and  inci- 
dent to  trustees  of  corporations. 

§  2.    The   Superintendent  of  Public    Instruction,  by 
virtue  of  his  office,  shall  be  a  member  and  secretary  of 
dent?^"^^^^'^  said  board,  and  shall,  report  to  the  legislature  at  its  reg- 


85 


iilar  sessions  the  condition  and  expenditures  of  said  nor- 
mal university,  and  communicate  such  further  information 
as  the  said  board  of  education  or  the  legislature  may 
direct. 

§  3.  No  member  of  the  board  of  education  shall  ^6- 
ceive  any  compensation  for  attendance  on  the  meetings  t o ^re  eSTe 
of  the  board,  except  his  necessary  traveling  expenses ;  com  pens  a- 
which  shall  be  paid  in  the  same  manner  as  the  instruc- 
tors employed  in  the  said  normal  university  shall  be  paid. 
At  all  the  stated  and  other  meetings  of  the  board,  called 
hj  the  president  or  secretary,  or  any  five  members  of  the 
board,  five  members  shall  constitute  a  quorum,  provided 
all  shall  have  been  duly  notified. 

§  4.  The  objects  of  the  said  normal  university  shall 
be  to  qualify  teachers  for  the  common  schools  of  this  university. 
state,  by  imparting  instruction  in  the  art  of  teaching, 
and  all  branches  of  study  which  pertain  to  a  common 
school  education,  in  the  elements  of  the  natural  sciences, 
including  agricultural  chemistry,  animal  and  vegetable 
physiology,  in  the  fundamental  law^s  of  the  United  States 
and  of  the  State  of  Illinois,  in  regard  to  the  rights  and 
duties  of  citizens,  and  such  other  studies,  as  the  board  of 
education  may,  from  time  to  time,  prescribe. 

§  5.  The  board  of  education  shall  hold  its  first  meet- 
ing at  the  office  of  the  Superintendent  of  Public  Instruc- ^^^^  of ^  gjfard 
tion,  on  the  first  Tuesday  in  May  next,  at  which  meeting  of  education, 
they  shall  appoint  an  agent,  fixing  his  compensation,  who 
shall  visit  the  cities,  villages  and  other  places  in  the  State, 
which  may  be  deemed  eligible  for  the  purpose,  to  receive 
•donations  and  proposals  for  the  establishment  and  main- 
tenance of  the  normal  university.  The  board  shall  have 
power  and  it  shall  be  their  duty  to  fix  the  permanent 
location  of  said  normal  university,  at  the  place  where  the 
most  favorable  inducements  are  offered  for  that  purpose : 
Provided,  that  such  location  shall  not  be  difficult  of 
access,  or  detrimental  to  the  welfare  and  prosperity  of 
said  normal  university. 

§  6.    The  board  of  education  shall  appoint  a  principal, 
lecturer  on  scientific  subjects,  instructors  ^^nd  instruct- Appoint^p^^^^ 
resses,  together  with  such  other  officers  as  shall  be  required  and  instruct- 
in  the  said  normal  university,  fix  their  respective  salaries 
and  prescribe  their  several  duties.    They  shall  also  have 
power  to  remove  any  of  them  for  proper  cause,  after  hav- 
ing given  ten  days'  notice  of  any  charge,  which  may  be 
duly  presented  and  reasonable  opportunity  for  defense. 
They  shall  also  prescribe  the  text  books,  apparatus  and  Text-books, 
furniture  to  be  used  in  the  university,  and  provide  the 
same ;  and  shall  make  all  regulations  necessary  for  its 
management.    And  the  board  shall  have  the  power  to 
recognize  auxiliary  institutions  when  deemed  practicable : 
Provided,  that  such  auxiliary  institutions  shall  not  receive  Auxiliaries, 
any  appropriation  from  the  treasury,  or  the  seminary  or 
university  fund. 

—6 


86 


Each  county  §  7.  Each  county  within  the  State  shall  be  entitled  to 
gratuitous  in-  gratuitous  instruction  for  *one  pupil  in  said  normal  uni- 
struction  for  versity ;  and  each  representative  district  shall  be  entitled 
pupi  s.  gratuitous  instruction  for  a  number  of  pupils  equal  ta 

the  number  of  representatives  in  said  district,  to  be  chosen 
in  the  following  manner :  The  school  commissioner  [county 
superintendent]  in  each  county  shall  receive  and  register 
Application^^®  names  of  all  applicants  for  admission  in  said  normal 
of  pupils.      university,  and  shall  present  the  same  to  the  county 
court,  or,  in  counties  acting  under  township  organization, 
to  the  board  of  supervisors,  which  .  said  county  court  or 
board  of  supervisors,  as  the  case  may  be ;  shall,  together 
with  the  county  commissioner,  examine  all  applicants  so 
presented,  in  such  a  manner  as  the  board  of  education 
lot^^^^^^^^  direct,  and  from  the  number  of  such  as  shall  be 

found  to  possess  the  requisite  qualifications,  such  pupils> 
shall  be  selected  by  lot ;  and  in  representative  districts 
composed  of  more  than  one  county,  the  school  commis- 
sioner and  the  county  judge,  or  the  school  commissioner  and 
chairman  of  the  board  of  supervisors,  in  counties  acting 
under  township  organization,  as  the  case  may  be,  of  the  sev- 
eral counties  composing  such  representative  district,  shall 
meet  at  the  clerk's  office  of  the  county  court  of  the  oldest 
county,  and  from  the  applicants  so  presented  to  the  county 
court,  or  board  of  supervisors,  of  the  several  counties 
represented,  and  found  to  possess  the  requisite  qualifica- 
tions, shall  select  by  lot  the  number  of  pupils  to  which 
said  district  is  entitled.  The  board  of  education  shall 
have  the  discretionary  power,  if  any  candidate  does  not 
flie^^decKra^  ^^^^  the  secretary  of  the  board  a  declaration 

lion.  that  he  or  she  will  teach  in  the  public  schools  within  the 

State,  in  case  that  engagements  can  be  secured  by  rea- 
sonable efforts,  to  require  such  candidate  to  provide  for 
the  payment  of  such  fees  for  tuition  as  the  board  may 
prescribe. 

§  8.    The  interest  of  the  university  and  seminary  fund,, 
or  such  part  thereof  as  may  be  found  necessary,  shall  be 
Appropria-  and  is  hereby  appropriated  for  the  maintenance  of  said 
ion.  normal  university,  and  shall  be  paid  on  the  order  of  the 

board  of  education  from  the  treasury  of  the  State ;  but 
in  no  case  shall  any  part  of  the  interest  of  said  fund  be 
applied  to  the  purchase  of  sites,  or  for  buildings  for  said 
university. 

§  9.  The  board  shall  have  power  to  appropriate  the 
one  thousand  dollars  received  from  the  Messrs.  Merriam, 
of  Springfield,  Massachusetts,  by  the  late  Superintendent, 
to  the  purchase  of  apparatus  for  the  use  of  the  normal 
university,  when  established,  and  hereafter,  all  gifts,  grants 
and  demises  which  may  be  made  to  the  said  normal  uni- 
versity shall  be  applied  in  accordance  with  the  wishes  of 
the  donors  of  the  same. 
Term  of  §  10.  The  board  of  corporators  herein  named,  and  their 
successors,  shall  each  of  them  hold  their  office  for  the 

*Made  two  by  act  approved  Feb.  14, 1861. 


87 


term  of  six  years :  Provided,  that  at  the  first  meeting  of 
said  board,  the  said  corporators  shall  determine  by  lot,  so 
that  one-third  shall  hold  their  office  for  two  years,  one- 
third  for  four  years,  and  one-third  for  six  years.  The 
Governor,  by  and  with  the  advice  and  consent  of  the  Vacancies- 
Senate,  shall  fill  all  vacancies  which  shall  at  any  time  ^^^^  flUed. 
occur  in  said  board,  by  appointment  of  suitable  persons 
to  fill  the  same. 

§  11.  At  the  first  meeting  of  the  board,  and  at  each 
biennial  meeting  thereafter,  it  shall  be  the  duty  of  said 
board  to  elect  one  of  their  number  president,  who  shall 
serve  until  the  next  biennial  meeting  of  the  board,  and 
until  his  successor  is  elected. 

§  12.    At  each  biennial  meeting  it  shall  be  the  duty  of 
the  board  to  appoint  a  treasurer,  who  shall  not  be  a  Appointment 
member  of  the  board,  and  who  shall  give  bond  with  such  treasurer, 
security  as  the  board  may  direct,  conditioned  for  the 
faithful  discharge  of  the  duties  of  his  office. 

§  13.  This  act  shall  take  effect  on  and  after  its  pas- 
sage, and  be  published  and  distributed  as  an  appendix  to 
the  school  law.    [Approved  February  18,  1857.] 


SOUTHERN  ILLINOIS  NORMAL  UNIVERSITY,  CARBONDALE. 


An  Act  to  establish  and  maintain  the  Southern  Illinois  Nor- 
mal University. 

Section  1.  Be  it  enacted  hy  the  People  of  the  State  of 
Illinois,  represented  in  the  General  Assembly,  That  a  body 
politic  and  corporate  is  hereby  created,  by  the  name  of 
the  Southern  Illinois  Normal  University,  to  have  perpet-  General 
ual  succession,  with  power  to  contract  and  be  contracted 
with,  to  sue  and  be  sued,  to  plead  and  be  impleaded,  to 
receive,  by  any  legal  mode  of  transfer  or  conveyance, 
property  of  any  description,  and  to  have,  hold  and  enjoy 
the  same,  with  the  rents  and  profits  thereof,  and  to  sell 
and  convey  the  same ;  also,  to  make  and  use  a  corporate 
seal,  with  power  to  break  or  change  the  same,  and  to 
adopt  by-laws,  rules  and  regulations  for  the  government 
of  its  members,  oflicers,  agents  and  employes :  Provided,  proviso, 
such  by-laws  shall  not  conflict  with  the  constitution  of 
the  United  States  or  of  this  State. 

§  2.  The  objects  of  the  said  Southern  Illinois  Normal  Objects. 
University  shall  be  to  qualify  teachers  for  the  common 
schools  of  this  State  by  imparting  instruction  in  the  art 
of  teaching  in  all  branches  of  study  which  pertain  to  a 
common  school  education,  in  the  elements  of  the  natural 
sciences,  including  agricultural  chemistry,  animal  and 


68 


vegetable  physiology,  in  the  fundamental  laws  of  the 
United  States,  and  of  the  State  of  Illinois,  in  regard  to 
the  rights  and  duties  of  citizens,  and  such  other  studies 
as  the  board  of  education  may,  from  time  to  time,  pre- 
scribe. 

vested^l'n    §  ^'    "^^^^  powers  of  the  said  corporation  shall  be  vested 
trustees.       in  and  its  duties  performed  by  a  board  of  trustees,  not  ex- 
ceeding five  in  number,  to  be  appointed  as  hereinafter 
provided. 

'^oFtrusTees*  §  ^*  ^P^n  the  passage  of  this  act  the  Governor  shall 
"  nominate  and,  by  and  with  the  advice  of  the  Senate, 
appoint  five  citizens  of  the  State  as  trustees  of  said 
institution,  two  of  whom  shall  serve  for  two  years,  and 
three  for  four  years,  and  until  their  successors  are  ap- 
pointed and  enter  on  duty,  and  successors  in  each  class 
shall  be  appointed  in  like  manner  for  four  years :  Pro- 
vided, that  in  case  of  a  vacancy  by  death  or  otherwise, 
the  Governor  shall  appoint  a  successor  for  the  remainder 
of  the  term  vacated :  Provided,  that  not  more  than  two 
members  of  said  board  shall  be  residents  of  any  one 
county. 

§  5.    The  said  trustees  shall  hold  their  first  meeting 
at  Centralia,  within  one  month  after  the  passage  of  this 
act,  at  which  meeting  they  shall  elect  one  of  their  body 
as  president  and  another  as  secretary ;  and  cause  a  reg- 
ular record  to  be  made  and  kept  of  all  their  proceedings. 
The  said  board  shall  also,  whenever  his  services  shall  be 
required,  appoint  a  treasurer,  not  a  member  of  the  board. 
Appointment  who  shall  give  bonds  to  the  People  of  the  State  of  Illi- 
of  treasurer.  j^Qjg      double  the  amount  of  the  largest  sum  likely  to 
come  into  his  hands,  the  penalty  to  be  fixed  by  the  board, 
conditioned  for  the  faithful  discharge  of  his  duties  as 
treasurer,  with  two  or  more   securities ;   the  treasurer 
may  also  be  required  to  execute  bonds  from  time  to  time 
as  the  board  may  direct. 
Duties  of    §  6.    The  treasurer  shall  keep  an  accurate  account  of 
treasurer.     ^|-^  moneys  received  and  paid  out ;  the  account  for  articles 
and  supplies  of  every  kind  purchased  shall  be  kept  and 
reported,   so  as  to  show  the  kind,   quantity  and  cost 
thereof. 

Contracts.  §  7.  jS[o  member,  officer,  agent  or  employe  of  the  board 
shall  be  a  party  to  or  interested  in  any  contract  for  ma- 
terials, supplies  or  services  other  than  such  as  pertain  to 
their  positions  and  duties. 

Accounts.  §  8.  Accounts  of  this  institution  shall  be  stated  and 
settled  annually  with  the  Auditor  of  Public  Accounts,  or 
with  such  person  or  persons  as  may  be  designated  by 
law  for  that  purpose.  And  the  trustees  shall,  ten  days 
previous  to  each  regular  session  of  the  General  Assembly, 
submit  to  the  Governor  a  report  of  all  their  actions  and 
proceedings  in  the  execution  of  their  trust,  with  a  state- 
ment of  all  accounts  connected  therewith,  to  be  by  the 
Governer  laid  before  the  General  Assembly. 


S9 


§  9.    The  said  board  shall  meet  quarterly  at  such 
places  or  place  as  may  be  agreed  on,  and,  until  the^^J^^®^ 
buildings  are  completed,  as  much  oftener  as  may  be^nec- 
essary ;  and  thereafter  the  meetings  shall  be  at  the  uni- 
versity. 

§  10.  The  trustees  shall,  as  soon  as  practicable,  adver-  Location, 
tise  for  proposals  from  localities  desiring  to  secure  the 
location  of  said  normal  university,  and  shall  receive,  for 
not  less  than  three  months  from  the  date  of  their  first 
advertisement,  proposals  for  points  situated  as  hereinafter 
mentioned,  to  donate  lands,  buildings,  bonds,  moneys,  or 
other  valuable  consideration,  to  the  State  in  aid  of  the 
foundation  and  support  of  said  university ;  and  shall,  at 
a  time  previously  fixed  by  advertisement,  open  and  ex- 
amine such  proposals,  and  locate  the  institution  at  such 
point  as  shall,  all  things  considered,  offer  the  most  ad-  Limits, 
vantageous  conditions.  The  land  shall  be  selected  south 
of  the  railroad,  or  within  six  miles  north  of  said  road,  pas- 
sing from  St.  Louis  to  Terre  Haute,  known  as  the  Alton  and 
Terre  Haute  railroad,  with  a  view  of  obtaining  a  good 
supply  of  water  and  other  conveniences  for  the  use  of  the 
institution. 

§  11.  Upon  the  selection  and  securing  of  the  land  Erection  of 
aforesaid,  the  trustees  shall  proceed  to  contract  for  the  i^^ii^ings. 
erection  of  buildings  in  which  to  furnish  educational 
facilities  for  such  number  of  students  as  hereinafter  pro- 
vided for,  together  with  the  out-houses  required  for  use, 
also  for  the  improvement  of  the  land  so  as  to  make  CQjmtruction 
available  for  the  use  of  the  institution.  The  buildings 
shall  not  be  more  than  two  stories  in  height,  and  be  con- 
structed upon  the  most  approved  plan  for  use,  shall  front 
to  the  east,  and  shall  be  of  sufficient  capacity  to  accom- 
modate not  exceeding  three  hundred  students,  with  the 
officers  and  necessary  attendants.  The  outside  walls  to 
be  of  hewn  stone  or  brick,  partition  walls  of  brick,  roofs 
of  slate,  and  the  whole  buildings  made  fire-proof,  and  so 
constructed  as  to  be  warmed  in  the  most  healthy  and 
economical  manner,  with  ample  ventilation  in  all  its  parts. 
The  out-houses  shall  be  so  placed  and  constructed  as  to 
avoid  all  danger  to  the  main  buildings  from  fire  originat- 
ing in  any  one  of  them.  The  board  shall  appoint  an 
honest,  competent  superintendent  of  the  buildings  and 
improvements  aforesaid,  whose  duty  it  shall  be  to  be 
always  present  during  the  progress  of  the  work,  and  see 
that  every  stone,  brick,  and  piece  of  timber  used  is  sound 
and  properly  placed,  and  whose  right  it  shall  be  to  require 
contractors  and  their  employes  to  conform  to  his  direc- 
tions in  executing  their  contracts:  Provided,  however,  Provisos, 
that  said  board  of  trustees  may  appoint  any  one  of  their 
number  such  superintendent :  And  provided,  further,  that 
the  buildings  aforesaid  may  be  erected  and  improvements 
made  under  the  direction  of  the  board  and  its  superin- 
tendent, without  letting  the  same  to  contractors. 


90 


Instructors,  g  12.  The  Said  board  of  trustees  shall  appoint  instruct- 
ors and  instructresses,  together  with  such  other  officers  as 
may*be  required  in  the  said  Normal  University,  fix  their 
respective  salaries  and  prescribe  their  several  duties.  They 
shall  also  have  power  to  remove  any  of  them  for  proper 
cause  after  having  given  ten  days'  notice  of  any  charge 
which  may  be  duly  presented,  and  reasonable  opportunity 

Text-books,  of  defense.  They  shall  also  prescribe  the  text-books,  ap- 
paratus and  furniture  to  be  used  in  the  university  and 
provide  the  same,  and  shall  make  all  regulations  neces- 
sary for  its  management. 

Each  county  §  13„  All  the  counties  shall  be  entitled  to  gratuitous  in- 
pupifs^^grau-  structions  for  two  pupils  for  each  county  in  said  normal 
tuousiy.  university,  and  each  representative  district  shall  be  en- 
titled to  gratuitous  instruction  for  a  number  of  pupils 
equal  to  the  number  of  representatives  in  said  district, 
chosen.^^ ^ ^"to  t>e  chosen  in  the  following  manner:  The  superintend- 
ent of  schools  in  each  county  shall  receive  and  register 
the  names  of  all  applicants  for  admission  in  said  normal 
university,  and  shall  present  the  same  to  the  county  court, 
or,  in  counties  acting  under  township  organization,  to  the 
board  of  supervisors,  which  said  county  court  or  board  of 
supervisors,  as  the  case  may  be,  shall,  together  with  the 
superintendent,  of  schools,  examine  all  applicants  so  pre- 
sented, in  such  manner  as  the  board  of  trustees  may  di- 
rect ;  and  from  the  number  of  such  as  shall  be  found  to 
possess  the  requisite  qualifications  such  pupils  shall  be  se- 
lected by  lot,  and  in  representative  districts  composed  of 
more  than  one  county,  the  superintendent  of  schools  and 
county  judge  or  the  superintendent  of  schools  and  chair- 
man of  the  board  of  supervisors  in  counties  acting  under 
township  organization,  as  the  case  may  be,  of  the  several 
counties  composing  such  representative  district,  shall 
meet  at  the  clerk's  office  of  the  county  court  of  the  oldest 
county,  and  from  the  applicants  so  presented  to  the 
county  court  or  board  of  supervisors  of  the  several 
counties  represented,  and  found  to  possess  the  requisite 
qualifications,  shall  select  by  lot  the  number  of  pupils  to 
which  said  district  is  entitled.  The  board  of  trustees 
shall  have  discretionary  power,  if  any  candidate  does  not 
sign  and  file  with  the  secretary  of  the  board  a  declara- 
tion that  he  or  she  will  teach  in  the  public  schools 
within  the  State  not  less  than  three  years,  in  case  that 
engagements  can  be  secured  by  reasonable  efforts,  to 
require  [the]  candidate  to  provide  for  the  payment  of  such 
fees  for  tuition  as  the  board  may  prescribe. 

tion^therefor"  §  14.  To  enable  the  board  of  trustees  to  erect  the 
buildings  and  make  the  improvements  preparatory  to  the 
reception  of  pupils  in  said  institution,  and  to  supply  the 
necessary  furniture  for  the  same,  the  sum  of  seventy-five 
thousand  dollars  is  hereby  appropriated  out  of  the  State 
Treasury,  payable  on  the  orders  of  said  board,  as  required 
for  use,  in  sums  not  exceeding  ten  thousand  dollars  per 


91 

month.  The  first  payment  to  be  made  on  the  first  day 
of  June  next,  and  subsequent  payments  monthly  thereaf- 
ter, but  .  each  successive  order  for  subsequent  payments 
shall  be  accompanied  by  an  account  sustained  by  vouchers, 
showing,  to  the  satisfaction  of  the  Auditor,  the  expendi- 
ture of  the  previous  payment. 

§  15.  The  expense  of  building,  improving,  repairing,  ^^p^'^^®* 
and  supplying  fuel  and  furniture,  and  the  salaries  or 
compensation  of  the  trustees,  superintendent,  assistants, 
agents  and  employes,  shall  be  a  charge  upon  the  State 
Treasury ;  all  other  expenses  shall  be  chargeable  against 
pupils,  and  the  trustees  shall  regulate  the  charges  ac- 
cordingly. 

§  16.  If  the  buildings  and  improvements  herein  pro-  ^y(ji|.Qj,(-Qjg 
Tided  for  shall  be  ready  for  the  reception  of  pupils  before  sue  warrants' 
the  next  regular  session  of  the  General  Assembly,  the  Gov- 
ernor is  authorized  to  make  orders  on  the  Auditor, 
directing  him  to  issue  warrants  at  the  end  of  each  quar- 
ter of  the  fiscal  year  for  amounts  sufficient  to  pay  the 
expenses  chargeable  against  the  State,  and  the  Auditor 
shall  issue  warrants  accordingly,  which  shall  be  paid  by 
the  Treasurer. 

§  17.    The  trustees  of  this  institution  shall  receive  ^^^ir  ^^Expenses  of 
personal  and  traveling  expenses,  and  the  Auditor  is  hereby 
authorized  to  issue  his  warrants  quarterly,  upon  taking 
the  affidavit  of  the  trustees  as  to  the  actual  time  em- 
ployed, and  their  personal  and  traveling  expenses. 

§  18.    This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage.    [Approved  March  9,  1869.] 


COUNTY  NORMAL  SCHOOLS. 

An  Act  to  enable^  counties  to   establish   County  Normal 

Schools. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of 
Illinois,  represented  in  the  General  Assembly,  That  in  each 
county  adopting  township  organization,  the  board  of  super- 
visors, and  in  other  counties  the  county  court,  may  estab- 
lish a  county  normal  school  for  the  purpose  of  fitting 
teachers  for  the  common  schools.  That  they  shall  be  es?abiEhed.' 
authorized  to  levy  taxes  and  appropriate  moneys  for  the 
support  of  said  schools,  and  also  for  the  purchase  of  • 
necessary  grounds  and  buildings,  furniture,  apparatus, 
etc.,  and  to  hold  and  acquire,  by  gift  or  purchase,  either 
from  individuals  or  corporations,  any  real  estate,  build- 
ings or  other  property,  for  the  use  of  said  schools,  said 
taxes  to  be  levied  and  collected  as  all  other  county  taxes : 
Provided,  that  in  counties  not  under  township  organiza- 
tion, county  courts  shall  not  be  authorized  to  proceed 
under  the  provisions  of  this  act  until  the  subject  shall 


92 


have  been  submitted  to  a  vote  of  the  people,  at  a  general 
^^To  be  voted  election,  and  it  shall  appear  that  a  majority  of  all  the- 
votes  cast  on  the  subject,  at  said  election,  shall  be  in 
favor  of  the  establishment  of  a  county  normal  school. 
The  ballots  used  in  voting  on  this  subject  may  read  *'For 
a  county  normal  school,"  or  "Against  a  county  normal 
school." 

§  2.    The  management  and  control  of  said  school  shall 
Management.be  in  a  county  board  of  education,  consisting  of  not  less 
than  five  or  more  than  eight  persons,  of  which  board, 
the  chairman  of  the  board  of  supervisors  or  the  judge  of 
the  county  court,  as  the  case  may  be,  and  the  county 
superintendent  of  schools,  shall  be,  ex  officio,  members, 
board^of  edu^  "^^^  other  members  shall  be  chosen  by  the  board  of 
cation.         supervisors  or  county  court,  and  shall  hold  their  offices 
for  the  term  of  three  years.    But  at  the  first  election 
Election,     one-third  shall  be  chosen  for  one  year,  one-third  for  two 
years,  and  one-third  for  three  years,  and  thereafter  one- 
third  shall  be  elected  annually.    Said  election  shall  be 
held  at  the  annual  meeting  of  the  board  of  supervisors 
in  September,  or  at  the  September  term  of  the  county 
court,  as  the  case  may  be. 
Power  of  said    §  ^'    ^^^^  board  of  education  shall  have  power  to  hire 
board.         teachers,  and  to  make  and  enforce  all  needful  rules  and 
regulations  for  the  management  of  said  schools.    A  ma- 
jority of  said  board  shall  constitute  a  quorum  for  the 
transaction  of  business,  and  a  meeting  of  said  board  may 
be  called  at  any  time  by  the  president  or  secretary,  or  by 
any  three  of  the  members  thereof.    Said  board  shall  pro- 
ceed to  organize,  within  twenty  days  after  their  appoint- 
ment, by  electing  a  president,   who  shall  hold  his  office 
for  one  year,  and  until  his  successor  shall  be  appointed. 
The  county  superintendent  shall  be,  ex  officio,  secretary  of 
the  board.    Said  board  shall  make  to  the  board  of  super- 
visors, at  their  annual  meeting  in  September,  or  to  the- 
county  court  at  the  September  term,  as  the  case  may  be, 
a  full  report  of  the  condition  and  expenditures  of  said 
county  normal  school,  together  with  an  estimate  of  the 
expenses  of  said  school  for  the  ensuing  year. 

§  4.    Two  or  more  counties  may  unite  in  establishing 
^may  unite?^  ^  normal  school,  in  which  case  the  per  cent,  of  tax  levied 
for  the  support  of  said  school  shall  be  the  same  in  each 
county. 

To  legalize  §  5.  In  all  counties  that  have  already  established  nor- 
estabifshed^^  nial  schools,  the  action  of  the  board  of  supervisors  in  so- 
doing,  and  all  appropriations  made  by  them  for  their 
support,  are  hereby  legalized ;  and  said  boards  of  super- 
visors are  hereby  authorized  and  empowered  to  make 
further  appropriations  for  the  support  of  such  schools- 
already  established,  until  such  schools  shall  have  been 
established  under  the  previous  sections  of  this  act. 

§  6.  No  member  of  the  aforesaid  county  board  of  edu- 
cation shall  be  entitled  to  compensation  for  services  ren- 
dered %s  a  member  of  such  board. 


^3 

§  7.  This  act  shall  be  in  force  from  and  after  its 
passage.    [Approved  March  15,  1869.] 


SCHOOL  FOR  GIRLS — INDUSTRIAL. 

An  Act  to  aid  Industrial  Schools  for  Girls. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illi- 
nois, represented  in  the  General  Assembly,  That  any  seven 
or  more  persons,  residents  of  this  State,  a  majority  of  .^How  organ- 
whom  are  women,  who  may  organize,  or  have  organized,  ^ 
under  the  general  laws  of  the  State,  relating  to  corpora- 
tions, for  the  purpose  of  establishing,  maintaining  and 
carrying  on  an  industrial  school  for  girls,  shall  have, 
under  the  corporate  names  assumed,  all  the  powers,  rights 
and  privileges  of  corporations  of  this  State,  not  for 
pecuniary  profit,  and  shall  be,  and  hereby  are  exempted 
from  all  State  and  local  taxes :  Provided  however,  that 
any  persons  organized,  or  who  may  hereafter  organize  as 
above  set  forth,  desirmg  to  avail  themselves  of  the  pro- 
visions of  this  act,  shall  first  obtain  the  consent  of  the 
Governor  thereto,  in  writing,  w^hich  consent  must  be  filed 
in  the  office  of  the  Secretary  of  State. 

§  2.    The  object  of  industrial  schools  for  girls  shall  be  object,  main- 
to  provide  a  home  and  proper  training  school  for  such^®^^^°®' 
girls  as  may  be  committed  to  their  charge ;  and  they 
shall  be  maintained  by  voluntary  contributions,  excepting 
as  hereinafter  provided. 

§  3.  Any  responsible  person  who  has  been  a  resident  Enforcement 
of  any  county  in  this  State,  one  year  next  preceding  the^^^^*' 
time  at  which  the  petition  is  presented,  may  petition  the 
county  court  of  said  county  to  inquire  into  the  alleged 
dependency  of  any  female  infant  then  within  the  county 
and  every  female  infant  who  comes  within  the  following 
descriptions  shall  be  considered  a  dependent  girl,  viz : 

Every  female  infant  who  begs  or  receives  alms  while 
actually  selling,  or  pretending  to  sell  any  article  in  pub- 
lic ;  or  who  frequents  any  street,  alley  or  other  place, 
for  the  pi:!rpose  of  begging  or  receiving  alms ;  or,  who 
having  no  permanent  place  of  abode,  proper  parental 
care,  or  guardianship,  or  sufficient  means  of  subsistence, 
or  who  for  other  cause  is  a  wanderer  through  streets  and 
alleys,  and  in  other  public  places ;  or,  who  lives  with,  or 
frequents  the  company  of,  or  consorts  with  reputed  thieves, 
or  other  vicious  persons ;  or  who  is  found  in  a  house  of 
ill-fame,  or  in  a  poor  house. 

The  petition  shall  also  state  the  name  of  the  father  of 
the  infant,  if  living,  or  if  dead,  the  name  of  the  mother; 
and  if  neither  the  father  nor  mother  of  the  infant  be  liv- 
ing, or  to  be  found  in  the  county,  then  the  name  of  the 
guardian,  if  there  be  one.  If  there  be  a  parent  living,  or 
a  guardian,  the  petition  shall  set  forth  not  only  the  depen- 


84 


dency  of  the  infant,  but  shall  also  show,  that  the  parent 
or  guardian  is  not  a  fit  person  to  have  the  custody  of 
such  infant.  Such  petition  shall  be  verified  by  oath,  and 
upon  being  filed,  the  judge  of  said  court  shall  have  the 
female  infant,  named  in  the  petition  brought  before  him 
for  the  purpose  of  determining  the  application  in  said 
petition  contained,  and  for  the  hearing  of  such  petitions 
the  county  court  shall  be  considered  always  open, 
j^rit  and  trial  §  4,  Upon  the  filing  of  such  petition,  the  clerk  of  the 
court  shall  issue  a  writ  to  the  sheriff  of  the  county, 
directing  him  to  bring  such  infant  before  the  court  to 
order  a  jury  of  six  to  be  summoned,  to  ascertain  whether 
such  infant  is  a  dependent,  as  alleged  in  such  petition, 
and  also  to  find  if  the  other  allegations  are  true,  and  if 
found  to  be  such,  they  shall  also  find  her  age  in  their 
verdict,  and  when  such  infant  shall  be  without  counsel, 
it  shall  be  the  duty  of  the  court  to  assign  counsel  for  her ; 
and  if  the  jury  finds  that  the  infant  named  in  the  peti- 
tion is  a  dependent  girl,  and  that  the  other  material  facts 
set  forth  in  the  petition  are  true,  and  if,  in  the  opinion 
of  the  judge,  she  is  a  fit  person  to  be  sent  to  an  indus- 
trial school  for  girls,  the  judge  shall  enter  an  order  that 
such  infant  be  committed  to  an  industrial  school  for 
girls  in  the  county,  if  there  be  such  school  in  the  county ; 
but  if  there  be  no  such  school  in  the  county,  then  to  any 
industrial  school  for  girls,  elsewhere  in  the  State,  to  be 
in  such  school  kept  and  maintained  until  she  arrives  at 
the  age  of  eighteen  years,  unless  sooner  discharged  there- 
from in  the  manner  hereinafter  provided.  Before  the 
hearing  aforesaid,  notice  shall  be  given  to  the  parent  or 
guardian  of  the  infant,  if  to  be  found  in  the  county,  of 
the  proceedings  about  to  be  instituted,  and  they  may 
.  appear  and  resist  the  same. 
Judgment.  §  5,  jf  the  court  finds  as  in  the  preceding  section,  it 
shall  further  order  of  record,  that  such  infant  has  no 
guardian;  or  that  her  guardian  or  parent  is  not  a  fit 
person  to  have  the  custody  of  such  infant,  as  the  case 
may  be,  and  the  court  may  thereupon  appoint  the  presi- 
dent or  any  one  of  the  vice-presidents  of  such  industrial 
Guardian  ^chool  the  lawful  guardian  of  such  infant,  and  no  bond 
shall  be  required  of  such  guardian,  and  such  guardian 
shall  permit  such  infant  to  be  placed  under  the  care  and 
in  the  custody  of  such  industrial  school  for  girls  as 
hereinafter  provided. 

Warrant.  §  6.  A  warrant  shall  thereupon  be  issued  in  duplicate 
by  the  clerk  to  some  suitable  person,  a  resident  of  the 
county,  to  be  designated  by  the  judge,  authorizing  him  or 
her  to  take  in  charge  and  care,  the  dependent  girl  named 
in  said  order  of  the  court,  and  convey  her  to  the  indus- 
trial school  for  girls  to  which  she  is  to  be  committed, 
and  said  warrant  shall  be  substantially  as  follows : 


95 


State  of  Illinois,  I 

 County.  S 

The  People  of  the  State  of  Illinois  to  ,  You  are  hereby  author- 
ized to  take  forthwith  iato  your  charge  and  care   ,  aged  years, 

who  has  been  declared  a  dependent  eiil,  and  convey  her  to  the  i;as  the 

■case  may  be)  Industrial  School  tor  Girls,  and  of  this  warrant  you  are  com- 
manded to  make  due  return  to  this  court  after  its  execution. 

Witness  my  hand  and  seal  of  the  county  court  of  county,  this 

 day  of  A.  D  

(Seal  of  Court.     ."* 

Clerk  of  the  county  court  of  county. 

This  warrant,  with  the  receipt  therein,  shall  be  returned 
to  the  clerk,  to  be  filed  by  him  with  the  other  papers  re- 
lating to  the  case,  and  this  warrant  shall  be  a  sufficient 
and  competent  authority  for  the  proper  officers  and  agents 
of  the  industrial  school  for  girls,  to  which  it  is  directed 
to  receive,  keep  and  detain  the  person  therein  named, 
and  a  duplicate  copy  thereof  shall  be  delivered  to  the 
matron  or  other  proper  officer  of  such  school,  to  be  kept 
at  the  school  by  such  matron  or  other  proper  officer, 
which  duplicate  shall  have  thereon  a  full  copy  of  all 
-endorsements  made  upon  the  one  returned  to  court,  and 
be  recorded  by  her  in  a  book  kept  for  that  purpose,  and 
said  book  shall  always  be  open  to  the  inspection  of  any 
person. 

§  7.  Upon  receiving  the  dependent  girl,  the  matron  of 
ihe  school  shall  endorse  upon  the  warrant  referred  to  in 
the  preceding  section  a  receipt,  as  follows : 

 (as  the  case  may  be)  Industkial  School  foe  Girls. 

Keceived  this  day  of  A.  D  ,  the  girl  named  in  this 

warrant. 


(Seal  of  School.)  Matron. 

§  8.    The  fees  for  conveying  a  dependent  girl  to  an  in-  Fees  for  con- 
dustrial  school  for  girls,  shall  be  the  same  as  conveying  school, 
a  juvenile  offender  to  the  Eeform  School  for  Juvenile 
Offenders,  at  Pontiac,  in  this  State,  and  they  shall  be 
paid  by  the  counties  from  which  such  dependent  girls  are 
sent,  unless  they  are  paid  by  the  parent  or  guardian. 

§  9.  It  shall  be  the  duty  of  the  county  judge  to  see  Clothing, 
that  every  dependent  girl  committed  by  him  to  an  indus- 
trial school  for  girls,  shall,  at  the  time  she  is  conveyed 
to  the  school,  be  furnished  with  three  chemises,  three 
pairs  of  woolen  stockings,  one  pair  of  shoes,  two  woolen 
petticoats  or  skirts,  three  good  dresses,  a  cloak  or  shawl, 
and  a  suitable  bonnet.  The  expense  of  said  clothing  shall 
l3e  paid  out  of  the  county  treasury  upon  the  certificate 
of  the  county  judge.  But  if  the  dependent  girl  have  a  ^pp^'^  • 
parent  or  guardian,  the  court  shall  render  judgment 
against  him  for  the  amount  to  be  paid  the  county  for 
such  clothing,  together  with  cost  of  collection ;  and  if  such 
expenses  and  cost  of  collection  are  recovered  the  money 
shall  be  paid  into  the  county  treasury.  For  the  tuition, 
maintenance  and  care  of  dependent  girls,  the  county  from 
which  they  are  sent  shall  pay  to  the  industrial  school  for  county  to  pay 
girls  to  which  they  may  be  committed,  as  follows : 


S6 

For  each  dependent  girl  under  the  age  of  ten  years,  ten 
dollars  per  month. 

For  each  dependent  girl  ten  years  and  under  fourteen 
years  of  age,  ten  dollars  per  month. 

For  each  dependent  girl  fourteen  and  under  eighteen 
years  of  age,  ten  dollars  per  month.  And  upon  the  proper 
officer  rendering  proper  accounts  therefor,  quarterly,  the 
county  board  shall  allow  and  order  the  same  paid  out  of 
the  county  treasury :  Provided,  that  no  charge  shall  be 
made  against  any  county  by  any  industrial  school  for 
girls  on  account  of  any  dependent  girl  in  the  care  thereof 
who  has  been  by  said  school  put  out  to  a  trade  or  em- 
ployment in  the  manner  hereinafter  provided. 

iiav?corftrof    §  officers  and  trustees  of  any  industrial  school 

'for  girls  in  this  State,  shall  receive  into  such  school  all 
girls  committed  thereto  under  the  provisions  of  this  act, 
and  shall  have  the  exclusive  custody,  care  and  gaardian- 
ship  of  such  girls.  They  shall  provide  for  their  support 
and  comfort ;  instruct  them  in  such  branches  of  useful 
knowledge  as  may  be  suited  to  their  years  and  capacities, 
and  shall  cause  them  to  be  taught  in  domestic  avocations, 
such  as  sewing,  knitting,  and  housekeeping  in  all  its 
departments.  And  for  the  purpose  of  their  education  and 
training,  and  that  they  may  assist  in  their  own  support, 
they  shall  be  required  to  pursue  such  tasks  suitable  to 
their  years  and  sex,  as  may  be  prescribed  by  such  officers 
and  trustees. 

Adoption.  §  11.  Any  girl  committed  under  the  provisions  of  this 
act  to  an  industrial  school  for  girls,  may  by  the  officers 
and  trustees  of  said  school  be  placed  in  the  home  of  any 
good  citizen  upon  such  terms  and  for  such  purpose  and 
time  as  may  be  agreed  upon,  or  she  may  be  given  to  any 
suitable  person  of  good  character  who  will  adopt  her,  or 

a^jrentice.^^  ^®  bound  to  any  reputable  citizen  as  an  appren- 

tice to  learn  any  trade,  or  as  a  servant  to  follow  any 
employment  which,  in  the  judgment  of  said  officers  and 
trustees,  will  be  for  her  advantage ;  and  all  and  singular 
of  the  provisions  of  the  act  entitled  "An  act  to  revise  the 
law  in  relation  to  apprentices,"  approved  February  '25, 
1874;  in  force  July  1,  1874,  in  so  far  as  they  are  appli- 
cable, shall  apply  to  and  be  binding  upon  such  officers 
and  trustees,  upon  such  girl  and  upon  the  person  to  whom 
such  girl  is  bound :  Provided,  that  any  disposition  made 
of  any  girl  under  this  section  shall  not  bind  her  beyond 
her  minority:  And,  provided,  further,  that  such  officers 
and  trustees  shall  have  a  supervising  care  over  such  girl 
to  see  that  she  is  properly  treated  and  cared  for ;  and  in 
case  such  girl  is  cruelly  treated,  or  is  neglected,  or  the 
terms  upon  which  she  was  committed  to  the  care  and 
^  protection  of  any  person  are  not  observed,  or  in  case  such 
care  and  protection  shall  for  any  reason  cease,  then  it 


£7 


shall  be  the  duty  of  such  officers  and  trustees  to  take  and 
receive  such  girl  again  into  the  custody,  care  and  protec- 
tion of  said  industrial  school. 

§  12.    No  imbecile,  or  idiotic  girl,  or  one  incapacitated  gi.^,^"^^®^^^!!' 
for  labor;  nor  any  girl  having  any  infectious,  contagious,  mftted.^  ^ 
or  incurable  disease,  shall  be  committed  or  received  into 
any  industrial  school  for  girls  in  this  State. 

§  13.  Any  girl  committed  to  an  industrial  school  for  Discharge, 
girls,  under  the  provisions  of  this  act,  may  be  discharged 
therefrom  at  any  time,  in  accordance  with  the  rules 
thereof,  when  in  the  judgment  of  the  officers  and  trustees, 
the  good  of  the  girl  or  good  of  the  school  would  be  pro- 
moted by  such  discharge,  and  the  Governor  may  at  any 
time  order  the  discharge  of  any  girl  committed  to  an 
industrial  school  under  the  provisions  of  this  act. 

§  14.  All  industrial  schools  for  girls  in  this  State  visitation, 
shall  be  subject  to  the  same  visitation,  inspection  and 
supervision  of  the  Board  of  State  Commissioners  of  Public 
Charitie  s,  as  the  charitable  and  penal  institutions  of  the 
State ;  and  avoiding,  as  far  as  practicable,  sectarianism ; 
suitable  provisions  shall  be  made  for  the  moral  and  reli- 
gious instruction  of  the  inmates  of  all  industrial  schools 
for  girls  in  this  State.  But  no  such  industrial  school 
shall  receive  an  appropriation  from  the  State  for  any  pur- 
pose, and  any  school  receiving  an  appropriation  from  the 
State  shall  not  have  the  benefit  of  the  provisions  of  this 
act.    [Approved  May  28,  1879.] 


INDUSTRIAL  SCHOOL    FOR  BOYS. 

An  Act  to  provide  for  and  aid  Training -Schools  for  Boys. 

Section  1.  Be  it  enacted  hy  the  People  of  the  State  of  Illi-  .Organiza- 
nois,  represented  in  the  General  Assembly,  That  any  seven  or^^°^^' 
more  persons,  residents  of  this  State,  who  may  organize, 
or  have  organized  under  the  general  laws  of  the  State 
relating  to  corporations,  for  the  purpose  of  establishing, 
maintaining  and  carrying  on  a  training-school  for  boys, 
shall  have,  under  the  corporate  name  assumed,  all  the 
powers,  rights  and  privileges  of  corporations  of  this  State, 
not  for  pecuniary  profit :  Provided,  however,  that  any  per- 
sons organized,  or  who  may  hereafter  organize  as  above 
set  forth,  desiring  to  avail  themselves  of  the  provisions 
of  this  act,  shall  first  obtain  the  consent  of  the  Governor 
thereto,  in  writing,  which  consent  must  be  filed  in  the 
office  of  the  Secretary  of  State. 

§  2.  The  object  of  training-schools  for  boys  shall  be  to  Object,  main, 
provide  a  home  and  proper  training-school  for  such  boys*®"^'^'^^' 


93 


as  may  be  committed  to  their  charge;  and  they  shall  be- 
maintained  by  the  voluntary  contributions,  excepting  as 
hereinafter  provided. 

,  Petition  for  §  3.  Any  responsible  person,  a  resident  of  any  county 
inquiry.  ^^^^^  State,  may  petition  the  county  court,  or  any  court 

of  record  of  said  county,  to  inquire  mto  tlae  alleged  de- 
pendency of  any  boy  then  within  the  county,  and  every 
boy  who  shall  come  within  the  following  description  shall 
be  considered  a  dependent  boy,  viz :  Every  boy  who  fre- 
quents any  street,  alley,,  or  other  place,  for  the  purpose 
of  begging  or  receiving  alms ;  or  who  shall  have  no  per- 
manent place  of  abode,  proper  parental  care  or  guard- 
ianship, or  sufficient  means  of  subsistence ;  or  who,  from 
other  cause,  shall  be  a  wanderer  through  streets  and 
alleys,  or  other  public  places ;  or  who  shall  live  with,  or 
frequent  the  company  of,  or  consort  with,  reputed  thieves 
or  other  vicious  persons.  The  petition  shall  also  state 
the  name  of  the  father  and  mother  of  the  boy,  if  living 
and  if  known,  or  if  either  be  dead,  the  name  of  the  sur- 
vivor, if  known ;  and  if  neither  the  father  nor  mother  of 
the  boy  be  living,  or  to  be  found  in  the  county,  or 
their  names  to  be  ascertained,  then  the  name  of  the 
guardian,  if  there  be  one.  If  there  be  a  parent  living 
whose  name  can  be  ascertained,  or  a  guardian,  the  pe- 
tition shall  set  forth  not  only  the  dependency  of  the  boy, 
but  shall  also  show  that  the  parents  or  parent  or  guard- 
ian are  or  is  not  fit  persons  or  person  to  have  the  cus- 
tody of  such  boy.  Such  petition  shall  be  verified  by  oath 
upon  the  belief  of  the  petitioner,  and  upon  being  filed 
the  judge  of  the  court  shall  have  the  boy  named  in  the 
petition  brought  [before  him  for  the  purpose  of  determin- 
ing the  application  in  said  petition  contained,  and  for 
the  hearing  of  such  petitions,  the  county  court  shall  be 
considered  always  open. 

§  4.  Upon  the  filing  of  such  petition,  the  clerk  of  the 
Writ.  court  shall  issue  a  writ  to  the  sheriff  of  the  county,  di- 
recting him  to  bring  such  boy  before  the  court,  to  order 
a  jury  to  be  summoned  to  ascertain  whether  such  boy  is 
a  dependent  as  alleged  in  said  petition,  and  also  to  find 
if  the  other  allegations  are  true,  and  if  found  to  be  such, 
they  shall  also  find  his  age  in  their  verdict;  and  when 
such  boy  shall  be  without  counsel,  it  shall  be  the  duty  of 
the  court  to  assign  counsel  for  him  ;  and  if  the  jury  shall 
find  that  the  boy  named  in  the  petition  is  a  dependent 
boy,  and  that  the  other  material  facts  set  forth  in  the 
petition  are  true,  and  if  in  the  opinion  of  the  judge  he 
is  a  fit  person  to  be  sent  to  a  training-school  for  boys, 
the  judge  shall  enter  an  order  that  such  boy  be  commit- 
Order  of  ^  training-school  for  boys  in  the  county,  if  there 

judge.  be  such  in  the  county ;  bat  if  there  be  no  such  school  in 
the  county,  then  to  any  training-school  for  boys  else- 
where in  the  State,  to  be  in  such  school  kept  and  main- 
tained until  he  shall  arrive  at  the  age  of  21  years,  unless 


99 


sooner  discharged  therefrom,  in  the  manner  hereinafter 
provided.  Before  the  hearing  aforesaid,  notice  shall  be 
given  to  the  parents  or  parent  or  guardian  of  the  boy,  if 
to  be  fomid  in  the  county,  and  also  to  the  chairman  of 
the  county  board  of  the  county,  of  the  proceedings  about 
to  be  instituted,  and  they  may  appear  and  resist  the 
same. 

§  5.  If  the  court  finds  as  in  the  preceding  section,  it  Guardian, 
shall  further  order  of  record  that  such  boy  has  no  guar- 
dian, or  that  his  guardian  or  parents  or  parent  is  or  are 
not  fit  person  or  persons  to  have  the  custody  of  such  boy, 
as  the  case  may  be,  and  the  court  shall  thereupon  ap- 
point a  guardian  of  the  custody  and  tuition  of  such  boy,  ' 
and  no  bond  shall  be  required  of  such  guardian,  and  such 
guardian  shall  permit  such  boy  to  be  placed  under  the 
care  and  in  the  custody  of  such  training  school  for  boys 
as  herein  provided. 

§  6.  A  warrant  shall  thereupon  be  issued  in  duplicate  Warrant, 
by  the  clerk  to  some  suitable  person,  a  resident  of  the  » 
State,  to  be  designated  by  the  judge,  authorizing  him  or 
her  to  take  in  charge  and  care  the  dependent  boy  named 
in  said  order,  and  convey  him  to  the  training  school  for 
boys  to  which  he  is  to  be  committed,  and  said  warrant 
shall  be  substantially  as  follows : 

STATE  OF  ILLINOIS,  ) 

Vss. 

 County.  ) 

The  People  of  the  State  of  Illinois,  to  ; 

You  are  hereby  authorized  to  take  forthwith  into  your  charge  and  care 

 aged  years,  who  has  been  declared  a  dependent 

boy,  and  convey  him  to  the  (as  the  case  may  be)  training 

school  for  boys,  and  of  this  warrant  you  are  commanded  to  make  due  return 
to  this  court  after  its  execution. 

Witness  my  hand  and  the  seal  of  the  court  of  

county,  this  day  of....  A.  D   ^ 


[Seal  of  court.]  Clerk  of  Court  of  county. 

This  warrant,  with  the  receipt  thereon,  shall  be  re- 
turned to  the  clerk,  to  be  filed  by  him  with  the  other 
papers  relating  to  the  case,  and  this  warrant  shall  be  a 
sufficient  and  competent  authority  for  the  proper  ofiicers 
and  agents  of  the  training  school  for  boys  to  which  it  is 
directed,  to  receive,  keep  and  detain  the  person  therein 
named,  and  a  duplicate  copy  thereof  shall  be  delivered 
to  the  superintendent  or  other  proper  officer  of  such 
school,  to  be  kept  by  him  at  the  school,  which  duplicate 
shall  have  thereon  a  full  copy  of  all  endorsements  made 
upon  the  one  returned  to  court,  and  to  be  recorded  by  him 
in  a  book  kept  for  that  purpose,  and  said  book  shall 
always  be  open  to  the  inspection  of  any  person. 

§  7.  Upon  receiving  the  dependent  boy,  the  superin- 
tendent of  the  school  shall  endorse  upon  tliQ.  warrant  re- 
ferred to  in  the  preceding  section  a  receipt  as  follows : 


100 


.(as  the  case  may  be),  Training  School  for  Boys. 


Received  this  day  of   A.  D.  18...  the  boy  named  in  this 

warrant. 

[Seal  of  school.]  ,  Superintendent. 

veyinl^boy  to  §  The  fees  for  conveying  a  dependent  boy  to  a 
the  school,  training  school  for  boys  shall  be  the  same  as  for  convey- 
ing a  juvenile  offender  to  the  Keform  School  for  Juvenile 
offenders  at  Pontiac,  in  this  State,  and  they  shall  be  paid 
by  the  counties  from  which  such  dependent  boys  are  sent, 
unless  they  are  paid  by  the  parent  or  guardian. 

ma?ntenanc^^    ^  ^'  clothing,  tuition,  maintenance  and  care  of 

main  enance.  ^q^q^^^qyiI  boys,  the  county  from  which  they  are  sent  shall 
pay  to  the  training  school  for  boys  to  which  they  may  be 
committed  as  follows :  For  each  dependent  boy  under 
the  age  of  ten  years,  eight  dollars  ($8)  per  month ;  for 
each  dependent  boy  over  ten  and  under  fourteen  years  of 
age,  seven  dollars  ($7)  per  month ;  for  each  crippled  and 
disabled  boy  of  any  age,  nine  dollars  ($9)  per  month. 
'  And  upon  the  proper  officer  rendering  proper  accounts 
therefor,  quarterly,  the  county  board  shall  allow  and  order 
the  same  paid  out  of  the  county  treasury.  Provided,  that 
no  charge  shall  be  made  against  any  county  by  any  train- 
ing school  for  boys  on  account  of  any  dependent  boy.  in 
the  care  thereof  who  shall  have  been  by  said  school  put 
out  to  a  trade  or  employment,  or  for  adoption  after  he 
shall  have  been,  and  as  long  as  he  shall  remain  so  put 
out.  Provided,  that  no  charge  shall  be  made  against  any 
county  for  the  support  and  maintenance  of  such  boy  or 
boys,  unless  the  county  from  which  said  boy  or  boys  shall 
come  shall  first  have  contracted  with  said  training  school 
for  boys,  for  the  support  and  maintenance  of  said  boy  or 
boys. 

Instruction.  §  -0.  The  officers  and  managers  of  any  training  school 
for  boys  in  this  State  shall  receive  into  such  school  all 
boys  not  idiotic  and  not  afflicted  with  a  contagious  disease 
committed  thereto  under  the  provisions  of  this  act,  shall 
have  the  exclusive  custody,  care  and  guardianship  of  such 
boys,  shall  provide  for  their  support  and  comfort,  instruct 
them  in  such  branches  of  useful  knowledge  as  may  be 
suited  to  their  years  and  capacities,  and  shall  cause  them 
to  be  taught  or  trained  in  some  trade  or  industrial  pur- 
suit. And  for  the  purpose  of  their  education  and  train- 
ing, and  that  they  may  assist  in  their  own  support,  they 
shall  be  required  to  perform  such  tasks  suitable  to  their 
years  and  sex  as  may  be  prescribed  by  such  officers  and 
managers,  and  as  may  be  reasonable  and  proper. 

§  11.  Any  boy  committed  under  the  provisions  of  this 
act  to  a  training  school  for  boys,  may,  by  the  officers  and 
managers  of  said  school,  be  placed  in  the  home  of  any 
good  citizen,  upon  such  terms  and  for  such  purpose  and 
time  as  may  be  agreed  upon,  or  he  may  be  given  to  any 


101 


suitable  person  of  good  character  who  will  adopt  him,  or  ^^^<iop^tj.on 
he  may  be  bound  to  any  reputable  citizen  as  an  appren-  out.  ^ 
tice  to  learn  any  trade,  or  as  servant  to  follow  any  em- 
ployment which,  in  the  judgment  of  said  officers  and 
managers,  will  be  for  his  advantage  ;  and  all  and  singular  of 
the  provisions  of  the  act  entitled  "An  act  to  revise  the  law 
in  relation  to  apprentices,"  approved  February  25,  1874, 
in  force  July  1,  1874,  in  so  far  as  they  are  applicable, 
shall  apply  to  and  be  binding:  upon  such  officers  and 
managers,  and  upon  such  boy  and  upon  the  person  to 
whom  such  boy  may  be  bound :  Provided,  that  any  dis-  r 
position  made  of  any  boy  under  this  act  shall  not  bind 
him  beyond  his  majority.  And,  provided,  further,  that 
such  officers  and  managers  shall  have  a  supervising  care 
over  such  boy  after  he  shall  be  so  put  out,  to  see  that 
he  is  properly  treated  and  cared  for;  and,  in  case  such 
boy  is  cruelly  treated,  or  is  neglected,  or  the  terms  upon 
which  he  shall  have  been  put  out  to  any  person  be  not 
observed,  then  it  shall  be  the  duty  of  such  officers  and 
managers  to  take  and  receive  such  boy  again  into  the 
custody,  care  and  protection  of  said  training  school.  And 
said  officers  and  managers  shall  have  power  to  reclaim 
any  boy  put  out  to  any  person  under  the  terms  of  this 
act  without  the  consent  of  .the  person  to  whom  the  boy 
may  be  so  put  out,  whenever,  in  the  judgment  of  the  said 
officers  and  managers,  the  boy  shall  be  cruelly  treated, 
neglected  in  training,  proper  instruction  or  otherwise,  or 
not  properly  cared  for. 

§  12.  Any  boy  committed  to  a  training  school  for  boys.  Discharge, 
under  the  provisions  of  this  act,  may  be  discharged  there- 
from at  any  time  in  accordance  with  the  rules  thereof 
when,  in  the  judgment  of  the  officers  and  managers,  the 
good  of  the  boy  or  the  good  of  the  school  would  be  pro- 
moted by  such  discharge,  and  the  Governor  may  at  any 
time  order  the  discharg'^  of  any  boy  committed  to  a  train- 
ing school  under  the  provisions  of  this  act. 

§  13.  All  training  schools  for  boys  in  this  State,  organ-  Visitation, 
ized  under  this  act,  shall  be  subject  to  the  same  visitation, 
inspection  and  supervision  of  the  Board  of  State  Commis- 
sioners of  Public  Charities  as  the  charitable  institutions 
of  the  State.  But  no  such  training  school  shall  receive 
an  appropriation  from  the  State  for  any  purpose,  and 
any  school  receiving  an  appropriation  from  the  State  shall 
.not  have  the  benefit  of  the  provisions  of  this  act.  [Ap- 
proved June  18,  1883.] 


—7 


INDEX. 


Page. 

Accounts  of  county  superintendent,  how 

kept   10 

of  township  treasurer,  examined  by 

county  superintendent   1.3 

same,  how  kept   42 

same,  subject  to  inspection   43 

of  township  treasurer  with  school 

districts  ,   46 

same,  semi-annual  statement  of   46 

Actions,  civil— 

against  collector  of  taxes  32,  49 

against  purchaser  of  school  lands. . .  62 

against  school  officers   51 

against  township  treasurer   46 

against  township  trustees  13,  17,  22, 

46   50 

against  trespassers  on  school  lands.  59 

to  recover  interest   45 

to  recover  on  mortgages   44 

to  recover  on  notes,  etc.,  belonging 

to  the  school  fund.   43,  45 

Actions,  criminal— 

against  school  officers   50,  51.  65 

against  persons  failing  to  pay  over 

fines  and  forfeitures   60 

against  persons  preventing  colored 

children  from  attending  school   65 

against  trespassers  on  school  lands.  59 

Acts,  official,  to  be  recorded..  .18,  28,  55,  57 

rppealed   64 

special,  may  be  relinquished   55 

Administrators  to  give  preference  to 

debts  due  the  school  fund   44 

Advertisement  of  sale  of  school  house  or 

site   26 

of  sale  of  school  lands  27,  60 

Advice  given  to  school  officers  by  State 

SuperintendPint   9 

to  school  officers  and  teachers  by 

county  superintendent   12 

Age  of  persons  enumerated  in  school 

census   25 

in  statistics  of  illiteracy   25 

of  school  children   34 

taken  as  basis  of  apportionment  of 

funds  11,  26,  48 

Apparatus,  school,  may  be  purchased. . .  30 
may  not  be  sold  by  school  teacher  or 

officer   52 

Appeal  from  county  superintendent  to 

State  Superintendent   13 

from  trustees  to  county  superintend- 
ent  20 

Apportionment  of  funds  by  Auditor   48 

by  county  superintendent   11 

by  township  trustees   26 

A-ppraisal  of    district  property  when 

boundaries  are  changed    22 

of  school  lands  61,  62 

Appraisers,  how  appointed   22 

Assessor  to  note  number  of  districts,  in 

assessing  personal  property   31 

Attachment,  writ  of   35 

Attorney's,  State's,  duties  of,  with  re- 
gard to  fines  and  forfeitures   59 


Page. 

Auditor,  State,  to  apportion  public  funds  48 

to  file  transcript  of  land  sales   63 

to  issue  patents  for  school  lands   63 

when  patents  are  lost,  to  issue  dupli- 
cates  64 

Board  of  Education  of  the  State  of  Illi- 
nois, the   84 

Boards,county.  See  "County  boards;"  of 
directors,  see  "Directors;"  of  super- 
visors, see  "County  boards." 
Boards  of  education,  appointed  when. 58,  67 

elected  when   53 

funds  withheld  from   52 

in  cities  of  2,000,  powers  and  duties 

of   53 

in  cities  of  100,000,powers  and  duties  of  56 
in  cities  with  special  school  char- 
ters 52,  55 

term  of  office  of  53,  58,  67 

to  make  reports   52 

to  prosecute  offenses  under  compul- 
sory law   83 

members  liable  for  failure  to  do  same  83 
Bond,  official,  county  superintendent's— 

approval  of   9 

custodian  of   10 

form  of   10 

insufficiency  of   10 

Bond,  State  Superintendent's,  approval 

of   7 

custodian  of   7 

Bond,  township  treasurer's,  approval  of 

by  county  superintendent   11 

same,  by  trustees   41 

custodian  of   11 

form  of   41 

insufficiency  of  11,  41 

same,  trustees  liable  for   50 

Bonded  debt,  how  disposed  of  in  case  of 

change  of  district  lines   18 

Bonds,  original  issue  of   32 

same,  amount  limited   33 

same,  registry  of   33 

refunding,    with   registration  with 

Auditor   71 

refunding,  without  registration  with 

Auditor   79 

vote  of  people  for  the  issue  neces- 
sary ....32,  73,  79 

Books.   See  "Text  books." 
Boundaries,  district.     See    ' '  District 
^boundaries." 

Boys,  industrial  school  for   97 

Branches  of  study,  determined  by  di- 
rectors 34.  36 

by  voters   36 

See  also  "Teacher's  certificate." 

Census  of  children  under  21  taken  by 

county  superintendent   13 

by  directors   2D 

by  trustees     25 

State,  basis  of  apportionment  by 

Auditor   48 


103 


Page. 


Certificate  of  amount  of  tax  due  each 

district   32 

of  tax  levy   30 

Certificates— 

how  made  when  district  lies  in  two 

or  more  counties   31 

Certificate  of  licensure,  teacher's   35 

essential  that  the  teacher  have  one 
good  for  the  entire  term  of  his  con- 
tract  37 

issued  by  county  superintendents. ...  35 

same,  examinations  for   36 

same,  form  of   36 

same,  fee  for   37 

same,  grades  of   35 

same,  qualifications  for   35 

same,  record  of   36 

same,  renewal  of     35 

same,  revocation  of   36 

issued  by  State  Superintendent   36 

same,  examination  for.  ^   36 

same,  revocation  of   36 

Certificate  of  purchase.    See  "Common 
School  lands." 

Changes  of  text-books    34 

Charitable  institutions.  State  education- 
al, visited  by  State  Superintendent  66 

to  make  report   66 

Children,  all  to  receive  a  good  common 

school  education  5,  34 

secured  the  right  to  an  elementary 

education   82 

colored,  rights  of  in  public  schools. . .  65 
illiterate,  number  of,  reported..  .8,  25,  29 
number  of  in  public  schools,  report- 
ed 8,  25,  29 

number  of  under  21,  basis  of  appor- 
tionment 11,  26,  48 

number  of  under  21,  reported  8,  25,  29 

penalty  for  failure  to  report   50 

penalty  for  false  report   51 

Churches  to  receive  no  appropriation 

from  school  fund   51 

Cities  and  towns— 

of  2,000  inhabitants   53 

of  100,000  inhabitants   56 

to  forfeit  funds,  when   52 

with  special  charters  52,  55 

same,  modified  30,  55,  67,  82 

Clerk  of  board  of  directors,  appointed...  28 

compensation  of   29 

to  enter  treasurer's  exhibit  on  rec- 
ords _   46 

to  keep  a  record   29 

same,  to  submit  to  treasurer   29 

to  post  exhibit  of  treasurer  at  annual 

election   46 

to  report  to  township  treasurer   29 

of  board  of  trustees.  See  "Township 
treasurer." 
Clerks  of  courts  of  record  to  report  and 

pay  over  fines  and  forfeitures.   59 

Collectors  of  taxes- 
liability  of,  for  non-payment  of  dis- 
trict taxes  collected   32 

to  give  notice  to  directors  and  trus- 
tees  68 

to  pay  amount  of  Auditor's  warrant 

to  county  superintendent   49 

to  pay  amount  of  district  taxes  col- 
lected to  township  treasurer   32 

to  state  to  township  treasurer  amount 

of  district  taxes  uncollected   32 

Colleges,  etc..  to  report.   52 

Colored  children  in  public  schools   65 

Common  School  lands— (16th  section)   58 

business  with  regard  thereto,  where 

transacted   59 

certificate  of  purchase  of   63 

same,  filed  with  county  superintend- 
ent  64 

same,  duplicate  of   64 

patents  conveying  title  to   63 


Page. 


Common  school  lands- 
same,  duplicates   62 

payment  to  secure  purchase   64 

same,  failure  to  make   62 

rental  of   67 

right  of  way  over,  granted   66 

sale  of   60 

same,  advertisement  of  :   61 

same,  at  private  sale   62 

same,  made  by  county  superintend- 
ent  62 

same,  manner  of   62 

same,  petition  for   60 

same,  in  fractional  townships   60 

same,  notice  of,  given  trustees   61 

same,  place  of   61 

same,  terms  of   61 

sale  of  at  subsequent  time   62 

statement  of  sales  of,  to  county  board  63 

same,  examined  and  recorded   63 

same,  transcript  of,  filed  with  Auditor  63 

trustees  to  divide  into  lots  and  plat..  61 

to  value  lots   61 

to  re- value  lots   62 

See  also,  "Real  estate." 

Compensation  of  school  officers   49 

of  clerk  of  board  of  directors   29 

of  county  superintendent  49,  70 

of  township  treasurer   50 

Condemnation  of  land  for  school  site   34 

Consolidation  of  districts.  See  "District 
boundaries." 
of  townships.  See  "Townships." 

Constitution  of  Illinois,  1872.  Art.  viii  of. .  5 
Contracts  made  by  boards  of  trustees 
and  directors,  members  not  to  be 

interested  in   30 

made  with  teachers,  conditions  of 

validity- of   37 

Control  of  school  houses   26 

Controversies  arising  under  school  law.  12 
appeal  of,  to  State  Superintendent...  13 
Conveyance  of  real  estate  by  county  su- 
perintendent  14 

by  trustees   27 

to  cities  in  trust   58 

Corporation,  board  of  education,  a   53 

board  of  directors,  a   53 

board  of  trustees,  a   14 

not  to  make  sectarian  grants  5,  51 

Costs  not  chargeable  to  school  officers, 

when   52 

County  board- 
appropriations  for  institutes  made  by  49 
bond  of  county  superintendent  ap- 
proved by   9 

examination  of  report  of  land  sales 

by   63 

liability  of,  for  failure  to  make  exam- 
ination  63 

may  require  new  bond  of  county  su- 
perintendent  10 

removal  of  county  superintendent, 

by  10,  12 

vacancy  in  office  of  county  superin- 
tendent, filed  by   10 

visitation  of  schools  by  county  super- 
intendent, ordered  by  12,  70 

County  clerk,  election  of  trustees,  order- 
ed by   15 

list  of  trustees   furnished  county 

superintendent  by   17 

map  of  township  filed  by.20,  21.  22,  28,  30 

tax  payers,  list  of  filed  by . .  .20,  21,  22,  23 

to  compute  district  taxes   31 

to  certify  same  to  township  treasur- 
ers  32 

to  record  statement  of  land  sales  —  63 
County  fund- 
consists  of  what   41 

loaned  by  county  superintendent   12 

County  superintendent  of  schools   9 

accounts  of  township  treasurer  ex- 
amined by   13 


104 


Page. 

County  superintendent  of  schools- 
adviser  of  school  teachers  and  of- 
ficers  12 

appeal  from  to  State  Superintendent.  13 

appeal  to,  from  action  of  trustees   20 

apportionment  of  funds  by   11 

same,  of  interest  on  county  fund   12 

bond  of  9.  10 

bond  of  township  treasurer  approved 

and  held  by   11 

may  demand  that  same  may  be  in- 
creased.  41 

certificate,  teacher's,  may  grant   35 

same,  may  renew  or  revoke   35 

same,  to  make  record  of   36 

compensation  of  49,70 

controversies  under  school  law  re- 
ferred to!   12 

county  funds  loaned  by   12 

directors,  may  order  election  of   28 

same,  may  remove   51 

election  of   9 

examination  of  teachers,  to  make . .  .35, 37 
examination  of  treasurers'  accounts, 

etc.,  to  make   13 

fines  and  forfeitures,  duties  of  con- 
cerning  59 

funds  withheld  by  .11,52 

may  be  chosen.   5 

notes,  etc.,  taken  by   12 

oath  of  olfice  taken  by   9 

office  turned  over  to  successor  by   12 

qualifications  of     5 

real  estate,  may  sell  and  convey,  and 

lease   14 

records,  kept  by   10 

removal  of,  by  county  board  10,12 

report  of.  to  county  board  11,63 

same,  to  State  Superintendent   12 

same,  to  trustees  on  treasurer's  ac- 
counts, etc.    13 

sale  of  common  school  lands  by.  See 
"Common  School  Lands." 

schools  visited  by   12 

statistics  of  townships,  may  make  up  13 
same,  cost  of,  may  collect  from  trus- 
tees  13 

teachers  examined  by  35,36 

teachers'  institutes  conducted  by... 12, 37 

treasurer's  accounts  examined  by . . .  13 
treasurer's  bonds  approved  and  held 

by   11 

trustees,  election  of.  ordered  by   15 

vacancy,  in  office  of,  how  filled   10 

County  treasurer  to  give  notice  to  di- 
rectors and  trustees   68 

Debt,  bonded,  how  disposed  of  in  case  of 

change  of  disi  rici  lines   18 

Debts  of  old  district  to  be  deducted   22 

due  school  funds,  preferred  claims. . .  44 
same  may  be  compromised  by  trus- 
tees  27 

Default  in  payment  of  loans,  or  interest 

thereon     45 

penalty  for  same   45 

Demands  against  school  officers,  lien  for 

upon  real  estate   50 

Diploma  of  county  normal  school  equal 

to  first  grade  certificate   36 

Directors  of  schools,  a  body  politic  and 

corporate  '   33 

boards  of,  elected   28 

apparatus  purchased  by,  when   30 

bonds  issued  by   33 

bonds  refunded  by  ....71,79 

branches  of  study  prescribed  by — 34,36 

certificate  of  tax  levy  made  by   30 

same,  when  to  return   30 

same,  when  district  is  in  two  or  more 

counties   31 

clerk  of.   See  "Clerk." 

dismissal  of  teacher   34 


Page- 

Directors  of  schools- 
duties  of,  with  regard  to  the  schools.  33 

election  of   28 

same,  notices  of   28 

same,  ordered  by  county  sup't   28 

same,  ordered  by  township  treasurer  28 

election  of,  on  Saturday..'   28 

same,  postponed   28 

elections  to  choose  school  site,  etc.. 

called  by   32.34,73.79 

exclusion  of  colored  children  from 

schools  by,  prohibited   65 

exhibit  by  township  treasurer  to   46 

same,  posted  by,  at  annual  election..  46 
interest  in  contract  made  by  the 

board  prohibited  to   30 

same,  in  sales  of  books,  etc.,  used  in 

the  district  prohibited  to   52 

interest  on  teachers'  orders,  to  pay 

when   40 

judges  of  district  elections   28 

judgments  and  executions  against. . .  35 
liable  personally— 

for  conversion  of  school  fund   50 

for  failure  to  discharge  duties  of 

office                                        ..  51 

for  failure  to  make  returns,  or  for 

making  false  returns  of  statistics.  50 
for  failure  to  prosecute  parents  who 

do  not  send  children  to  school   83 

for  loss  of  school  funds   51 

for  pervers.on  of  school  funds  to 

sectaririn  purposes   51 

to  district   40 

to  teacher   40 

libraries  and  apparatus  purchased 

by,  when   .   30 

may  borrow  money,  when   32 

may  compensate  clerk  ...J   29 

may  not  be  trustees   30 

meetings  of   29 

non-residence  of  member  of,  consti- 
tutes vacancy   29 

official  business  of,  how  transacted..  29 

orders  drawn  by  40,47,80 

same  may  not  be  drawn,  when  40,80 

organization   28 

poll-book  returned  by    29 

power  of,  to  tax   30 

same,  limitations  30,33 

powers  of,  limited   34 

president  of   28 

property  of  district,  personal,  sale 

of  by   30 

pupils  transferred  by   23 

same,  amount  due  on  account  of,  col- 
lected by   24 

qualiflcatims  of   29 

quorum,  of   33 

records  kept  by   28 

same,  submitted  to  treasurer   29 

removal  of   51 

reports  to  treasurer     29 

schedules,  certified  by   39 

same,  delivered  to  township  treas- 
urer by   40 

same,  delivery  of.  limited   40 

same,  receipted  for  ,   39 

schedules,  separate,  delivered  by, 

when  24,39 

school  house  controlled  by   26 

same,  use  of  for  meetings  granted  by.  26 

school  house  site,  located  by,  when..  34 

teachers,  employment  of,  by   34 

same,  how  limited   37 

teachers,  payment  of,  by   40 

same,  how  limited.  .•   40 

term  of  office   28 

tie  at  election  of   28 

to  notify  collector  of  taxes  to  whom 
to  pay  the  money  belonging  to  a 

union  district   32 

transfer  of  pupils  by   23 

vacancy  in  office  of,  how  filled   28 


105 


PA.GE. 

Directors  of  schools- 
women  may  be  elected^   65 

District,  boundaries  of,  how  changed   18 

township  a.  for  liigh  school    24 

Districting  of  newly  organized  township  18 

Districts,  changes  of   18 

designation  of   18 

dissolved,  when  22,23 

divided  by  county  lines,  taxation  in. .  26 

elections  in  20,28 

elections  to  vote  on  change   19 

formation  of   18 

funds  of,  held  by  township  treasurer.  27 

legalized   66 

list  of  taxpayers  in,  to  be  filed. 20,21, 22, 23 

maps  of,  made  and  filed  20.21,22,23,30 

property  of,  held  by  trustees   26 

same,  when  divided  21,22. 23 

special,  with  400  inhabitants  or  more.  70 
taxes  of.   See  "Taxes," 

with  2,000  inhabitants   53 

with  100,000  inhabitants   56 

See  "Union  Districts." 
Division  of  property  of  a  district  ...21,  22,  23 

Donations,  etc.,  tor  school  purposes  5,  26 

same,  f^r  sectarian  purposes,  pro- 
hibited  5,  51 

Education,  good  common  school,  to  be 

afforded  all  children   5 

elementary  secured  to  children   82 

Elections.   See  "State  Superintendent;" 
"County  superintendent;"  "Direct- 
ors of  schools;"  "Township  trus- 
tees;" "Boards  of  Education." 
to  purchase,  move  or  build  a  school 

house   34 

Eligibility  to  office,  to  board  of  educa- 
tion   58 

to  board  of  directors   30 

to  board  of  trustees  15,  30 

to  township  treasure rship   17 

Eligibility  of  women   to  office  under 

school  laws     65 

Enumeration  of  children.  See  "Census." 

separate,  made  when   25 

Examination  of  books,  accounts,  etc.— 
of  county  superintendent  by  count v 

board  11,  63 

of  directors  by  township  treasurer  .  29 
of  treasurer  by  county  superintend- 
ent  13 

same,  by  trustees  26,  45 

Examination  of  teachers  by  county  su- 
perintendent  35 

for  State  certificates   36 

Execution  issued  against  directors  and 

trustees   35 

Executors  to  give  preference  to  school 

debts   44 

Exemption  from  road  labor  and  military 

duty   50 

Expulsion  of  pupils  by  directors   34 

False  return  of  children   51 

Fines.   See  "Penalties." 

Finos  and  forfeitures   59 

Forfeiture  of  funds  by  townships   26 

same  may  be  remitted   26 

Form  of  bond  of  county  superintendent  10 

of  bond  of  towns  I:  ip  treasurer   41 

of  notice  to  districts  affected  by 

changes  proposed   19 

of  mortgage   44 

of  register   38 

of  schedule  and  certificates  there- 
to. 39,40 

of  school  orders   48 

of  tax  certificates   30 

of  teacher's  certificate  and  record. . .  36 

of  treasurer's  record  of  notes   42 

Fractional  townships.  See  "Townships. 
Fractional." 


Page. 

Free  schools,  established   5 

Fund,  school,  county,  consists  of  what. . .  47 

interest  on  distributed  12,47 

principal  of,  loaned  12,47 

real  estate  belonging  to   14 

Fund,  scliool, State,  consists  of  what   48 

distributed   48 

Fund,  school,  township,  consists  of  what  47 

interest  distributed  .23, 45, 47 

principal  loaned  43,47 

rpal  estate  belonging  to   27,67 

Funds.  See  "Apportionment  of  funds." 

forfeiture  of   26 

withheldby  county  superintendent..ll,52 
same,by  order  of  State  Superintend- 
ent  9 

Funds,  school  district,  custodian  of   27 

how  paid  out   47 

surplus  loaned   43 

union  district's  collected  in  one 
treasurer's  hands   47 

Furniture,  school,  sale  of  by  school  offi- 
cers prohibited  5,52 

purchase  of   30 

Gen'l  Assembly  to  establish  free  schools  ^ 

Girls,  industrial  school  for   93 

Governor  to  approve  State  Superintend- 
ent's bond  -   7 

Graduates  of  county  not  mal  schools  —  36 


High  school,  township.   See  "Township 

high  school." 
Holidays   40 

Illinois  State  Normal  University   84 

Illiteracy,  report  of  8,25,29 

Imprisonment  of  school  officers...... 50, 51,52 

Indebtedness,  previous,  tax  to  pay,  not 

limited   33 

refunded  71,79 

Indictment  of  school  officers  50,51,52 

of  trespasser   59 

Industrial  school  for  boys   97 

for  girls   93 

Informer  to  receive  half  59,60 

Institutes,  teachers',  appropriation  for. .  49 
county  superintendents  to  assist  in. 12, 37 

fees  for    37 

Institutions  of  learning  to  report   82 

Interest,  action  to  recover   45 

added  to  principal  -  -  -  -'  45 

distributed  23,45,47 

on  teachers'  orders  unpaid   40 

same,  how  stopped   40 

penalty  for  default  in  payment  of —  45 

rates  on  bonds  .33, 72, 79 

rates  on  loans   43 

State  to  pay   48 

Judges  of  elections  of  directors   28 

delivery  of  poll-book  by   29 

Judges  of  elections  of  trustees   15 

delivery  of  poll-book  by   17 

Judgments  against  school  officers   35 

against  purchasers  of  school  lands. .  62 

Justices,  duties  of.  concerning  fines  a,nd 

forfeitures                   .     59 

Lands.  See  "Common  school  lands,"  and 
"Real  estate." 

Levy  of  taxes.  See  "Taxes." 

Liabilities.   See  "Penalties." 

Libraries,  school,  provision  for   30 

Lien  on  real  estate  of  school  officers  from 

date  of  issuing  process   50 

Limit  of  indebtedness, bonds,  etc.... 33, 72, 79 
of  taxation  30,33 

Loans  of  county  fund   12 

of  district  funds,  surplus   43 

of  township  fund  43,47 


( 


106 


Loss  of  funds,  liability^for. 


Page. 
...50,51 


Mandamus,  ^x\t  Q)i  35 

Map  of  township  18,20,21,22,23,30 

filed  in  ten  days  by  township  treasurer  22 

Meetings,  of  directors   29 

of  trustees   17 

in  school  houses   26 

Month,  school   40 

Mortgages- 
form  for   44 

in  name  of  county  superintendent,.. 12, 43 
in  name  of  trustees   43 


Normal  schools,  county,  act  establishing  91 

same,  graduates  of   36 

State,  acts  establishing  84,87 

Notes,  etc.,  in  name  of  county  superin- 
tendent  12 

same,  examined  by  county  board   11 

in  name  of  trustees   43 

same,  examined  by  county  superin- 
tendent  13 

by  trustees  26,  45 

same,  list  of  given  county  superin- 
tendent, annually   43 

Notice  of  elections,  district  20,  28,  53 

same»  township  15,  16,  24 

same,  city,  etc.,  to  organize  under 

general  school  law   55 

of  examinations  of  teachers  by  coun- 
ty superintendent   37 

by  State  Superintendent   36 

of  sale  of  common  school  lands   61 

of  sale  of  real  estate  14,  27 


Oath,  official,  county  superintendent's..  9 

State  Superintendent's   7 

Office  of  State  Superintendent,  where 

kept   7 

Officers,  school,  exempt  from  road  labor 

and  military  duty   50 

liabilities  of.  See  "Penalties." 

lien  on  real  estate  of   50 

to  receive  advice  ,  9,  12 

Official  bonds.  See  "Bonds." 

Orders,  school,  form  of   48 

form  of,  when  against  uncollected 

taxes   80 

teachers,  substance  of   40 

same,  draw  interest  when   40 

same,  to  be  drawn  when   40 

treasurers  to  file   48 

Organization  of  board  of  directors   28 

of  board  of  trustees   17 

of  cities,  etc.,  under  general  law   55 


Parents  must  send  children  to  school   82 

Patents  issued  to  purchasers  of  school 

lands   63 

same,  duplicates  of   64 

Penalties,  who  subject  to— 

any  person,  for  preventing  colored 

children  from  attending  school   65 

for  trespass  on  school  lands   59 

any  school  officer,  tor  causing  loss  of 

school  funds   51 

for  neglect  of  duty'.  9,  51 

any  school  officer,  or  any  other  per- 
son for  conversion  or  perversion  of 
school  funds  50,  51 

borrower  of  school  funds,  for  failure 
to  pay  interest  or  principal   45 

cities,  for  failure  to  make  reports   52 

collectors  of  taxes,  for  refusal  to 
pay  32,  49 

county  board,  for  neglect  of  duty  to 
examine  report  of  land  sales   63 

clerks  of  courts  of  record.  State's  at- 
torneys and  justices,  for  failure  to 


Penalties,  who  are  subject—  Page. 
report  and  to  collect  and  pay  over 

fines  and  forfeitures  59,  60 

directors.  See  "Directors  liable  per- 
sonally." 

members  of  boards  of  education  for 

not  enforcing  compulsory  law   83 

parents  for  keeping  children  from 

school   82 

purchaser  of  school  lands  for  not  se- 
curing payment   62 

townships,  for  failure  in  delivering 

reports   26 

teachers,  for  not  making  schedules..  40 
treasurers.   See  "Treasurers  liable." 
trustees.  See  "Trustees  liable." 
See  also  "Removal  from  office." 

Permits  to  transfer  pupils   23 

to  be  filed   23 

Perversion  of  funds  to  sectarian  uses,. ..  51 

penalty  for   51 

Petitions  for  change  of  district  lines   18 

same,  to  be  filed  twenty  days   19 

same,  notice  of  to  districts   19 

for,  or  against  township  high  school.  24 

for  sale  of  school  house   26 

for  organization  under  the  general 

law   55 

for  sale  of  school  lands   60 

Plat  of  common  school  lands   61 

Poll-book,  election  of  directors,  return  of  29 

same,  penalty  for  failure   29 

election  of  trustees,  return  of   17 

same,  penalty  for  failure  .„   17 

Polling  places,  more  than  one  when   16 

Polls,  election  of  directors  opened  and 

closed   28 

election  of  trustees   15 

Postponement  of  elections  15,  28 

President  of  board  of  directors   28 

jjro  tempore,  may  be  appointed   28 

of  board  of  trustees   17 

«ro  itemporfi,  may  be  appointed   18 

Proceedings,  official  to  be  recorded — 18,29 

Property  of  districts,  divided  in  case  of 

change  of  district  boundaries  22,  23 

teachers  to  account  for  37,  40 

Publication  of  statement  by  township 

ship  treasurer   69 

Pupils,  age  of   34 

age  and  names  noted  on  register   38 

same,  on  schedule   38 

assigned  to  the  several  schools   34 

attendance  of,  noted  38,  39 

suspension  and  expulsion  of   34 

transferred   23 

same,  separate  schedules  of,  when  24,  38 

under  12,  in  school  four  hours  a  day..  34 

Purchasers  of  common  school  lands- 
may  borrow  amount  of  bid   61 

must  secure  payment  of  bid   61 

to  receive,  certificate  of  purchase —  63 

to  receive  patents   63 

when  to  receive  duplicates   64 

Qualifications,  for  office,  county  super- 
intendent.,  5 

directors   29.  30 

same,  treasurer   17 

same,  trustees  15,  30 

of  teachers  35,  36 

of  voters   16 

of  women  as  school  officers   65 

Quorum  of  directors   33 

of  trustees   17 


Rate  of  interest.  See  "Interest." 

Real  estate,  held  by  county  superintend- 
ent  14 

by  trustees  26,27 

leased  14,  26,  67 

lien  on,  belonging  to  school  officers..  50 
right  of  way  over,  granted   66 


107 


Eeal  estate.  Page. 

security  for  loans   43 

same,  how  valued   44 

taken  for  indebtedness  by  county  su- 
perintendent  14 

by  trustees   27 

See  also  "Common  school  lands." 

Receipts  for  schedules   38 

treasurer  to  take  and  file   48 

Records  of  county  superintendents  — 10,  63 
same,  examined  by  county  board.  .10,  63 

of  directors   28 

same,  submitted  to  township  treas- 
urer  29 

of  sale  of  common  school  lands   63 

same,  examined  by  county  board —  63 
same,  transcript  of,  filed  with  Audi- 
tor  63 

of  State  Superintendent   7 

of  county  superintendent   10,  36 

of  teachers'  certificates,  granted  by 

county  superintendent   36 

same,  transcript  sent  State  Superin- 
tendent  36 

of  treasurer   42 

syme.  examined  by  county  superin- 
tendent  13 

same,  open  for  inspection  18,  43 

same,  submitted  to  trustees   45 

of  trustees   18 

same,  open  for  inspection   18 

Registers,  books  furnished  by  directors.  38 
same,  returned  by  teacher  at  close  of 

term   38 

form  of   38 

to  be  kept  by  teachers   38 

Relinquishment  of  special  charter   55 

Removal  from  district  or  township,  effect 

of....   29 

from  office— 

of  county  superintendent  10,12 

of  directors   51 

of  president  of  board  of  trustees  ..  18 

of  teachers   34 

of  treasurer  18,27 

Repeal  of  former  acts   64 

Reports,  of  cities  and  towns   52 

of  collector  of   taxes  to  township 

treasurer   32 

to  trustees  and  directors   68 

of  county  superintendent  to  county 

board,  annual   11 

same,  of  land  sales  to  county  board.  63 

same,  to  Auditor   64 

same,  of  condition  of  schools, to  State 

Superintendent   12 

of  directors,  to  township  treasurer..  29 

same,  to  votei's  at  annual  meeting   46 

of  fines  and  forfeicures   59 

of  institutions  of  learning   53 

of  rentals,  to  county  superintendent  67 

of  State  Superintendent. to  Governor  8 
of  statistics.  See  "Statistics." 
of  treasurer,  to  trustees,  annual  and 

semi-annual   45 

of  trustees,  to  county  superintendent  25 

same,  items  of   25 

penalties  for  failure  to  make.  See 
"Penalties." 
Rules  and  regulations  made  by  board  of 

education  54,57 

by  directors   34 

by  State  Superintendent   8 

Salary  of  State  Superintendent   9 

Sale  of  common  school  lands.  See  "Com- 
mon school  lands." 
of  real  estate.  See  "Real  estate." 

of  school  books,  etc.,  limitations  5,52 

of  school  house  and  site   26 

of  school  property   30 

Schedules,  certificates  upon,  forms.  .38,39,40 

delivery  of  to  directors   39 

to  township  treasurer   39 


Schedules.  Page. 

form  of   39 

receipt  for,  given  to  teacher   39 

teacher  to  keep   38 

Scholars.   See  "pupils." 

School,  any  gift,  etc.,  to  5,26 

School  books.   See  "Text  books." 

School  books,  apparatus  and  furniture- 
school  officers  not  to  be  interested  in 
when  5,52 

School  directors.   See  "Directors." 

School  districts.   See  "Districts." 

School  elections.  See  "Elections." 

School  funds.   See  "Funds."- 

School  house,  building  of,  tax  for  11m-  3 

ited  30.3^ 

same,  vote  necessary  to  authorize...  3^ 

controlled  by  directors   2^ 

meetings  in   2 

repairing  and  improving  30,3^ 

sale  of   2^ 

site  for   34 

title  to,  in  trustees   2» 

School  lands.     See  "Common  school 
lands,"  and  "Real  estate." 

School  libraries   30 

School  month   30 

School  officers- 
exempted  from  road  labor  and  mili- 
tary duty   50 

legal  advisers  of  9,12 

liable  for  conversion  of  school  funds. .  50 

for  exclusion  of  colored  children   65 

for  failure  to  return,  or  false  return 

of  statistics  50,51 

for  loss  cf  school  funds   51 

for  perversion  of  same   51 

lien  on  real  estate  of   50 

selling  school  books,  etc.,  by,  pro- 
hibited when  5,52 

See  also  "Superintendent  of  Public 
Instruction,"  and  other  officers. 

School  orders.   See  "Orders." 

School  site.   See  "Site." 

School  superintendent.    See  "Superin- 
tendent." 

School  tax.   See  "Taxes." 

School  trustees.     See    "Trustees  of 
schools." 

School  visitation.  See  "Schools." 

School  teachers.   See  "Teachers." 

School  year  33,54 

Schools,  branches  of  study  in,  how  de- 
termined 34,36,54,56 

high.   See  "Township  high  schools." 

management  of  24, 34, 54. 57, 68 

normal  84,87,91 

supervision  of  8,12 

support  of  30,54,56 

term  of.  in  cities   54 

same,  in  districts  .'.30,34 

same,  may  be  extended  how   34 

visitation  of  12,54,57 

Secretary  of  State  to  hold  State  Super- 
intendent's bond   7 

Sectarian  purposes,  perversion  of  funds 

to,  prohibited  .5,52 

Security  on  bonds.  See  "Bonds,  official." 

on  loans,  personal   43 

real  estate,  on  loans   43 

same,  improvements  on,  not  valued.  44 

Settlement,  trustees  may  make   27 

Sinking  fund,  how  created   81 

Site,  school  house,  choice  of   34 

same,  when  made  by  directors   34 

sale  of   26 

condemnation  of  land  for   34 

title  held  by  trustees   26 

Sixteenth  section,  constitutes  common 

school  lands   58 

other  sections  in  lieu  of   58 

Southern  Illinois  Normal  University..  ..  87 

Special  acts  may  be  relinciuished   55 

modified  in  certain  cases  30, 67, 82 

not  repealed  52,53 


108 


Page. 

State  to  pay  interest   48 

State's  attorneys.   See  "Attorneys." 

State  certificates   36 

charitable  institutions,  superintend- 
ent of,  to  report   66 

same, visited  by  State  Superintendent  66 

funds    48 

normal  sotiools  ,  84,87 

Superintendent.  See  "Su perintendent 
of  Public  Instruction." 
Statements.   See  "Reports." 

Statistics,  not  divisible,  how  reported. . .  26 

See  "Reports." 
Suflflci  may  of  treasurer's  securities,  trus- 
tees responsible  for   50 

Suits.   See  "Actions." 
Superintendent  of  Public  iQStruction— 

adviser  of  county  superintendents. . .  9 

bond  of   7 

certificates.  State  teachers'  granted 

and  revoked  by   36 

election  of   7 

forfeitures  remitted  by   26 

funds  v^ithheld  by   I) 

not  to  be  interested  in  the  sale  of 

school  books,  etc  5, 52 

Oath  of  ofiflce  of   7 

office  of,  at  seat  of  government   7 

same,  expenses  of   9 

papers,  etc.,  filed  and  preserved  by..  7 

record  kept  by   7 

report  of,  to  the  Grovernor   8 

rules  to  enforce  the  school  law  made 

by   8 

salary  of,  determined  by  law   .  9 

term  of  office  of   7 

to  advise  school  oflHcers   9 


with  teachers, 
of  the  public 


to  counsel  and  advise 
to  have  supervision 

schools  

to  visit  state  charitable  institutions..  66 
Superintendents  of  State  charitable  in- 
stitutions to  report  to  State  Super- 
intendent i   66 

Superintendents  of  schools,  appointed 

when   54 

Sureties.   See  "Bonds  official." 
Suspension  of  pupils   29 


Taxes,  school,  collection  of  

computation  of,  basis  of  

same,  made  by  county  clerk  

collector  of,  to  pay  how,  in  case  of 
union  districts  

same,  to  pay  township  treasurer  

same,  failure  of  to  pay  

levy  of,  form  of  certificate  • 

sajne,  when  returned  

must  be  uniform  

power  to  levy,  granted  boards  of 
education  in  cities  and  villages  30,54, 

to  directors  30, 

same,  limited    30, 

same,  exception  to   

same,  in  satisfaction  of  judgment  

Tax  payers,  list  of,  filed  20,21,22, 

Teachers,  appointment  of  34,54, 

cannot  be  paid,  when  37, 

cannot  be  employed,  when  

dismissal  of  34,54, 

examination  of  35, 36, 54, 

funds  withheld  from  

must  have  certificate  

not  to  teach  on  holidays  

registers  to  be  kept  by  

same,  returned  to  directors  

schedule  to  be  kept  by  •  

same,  certified  

same,  unpaid,  balance  of  to  draw 
interest  

wages  of,  due  when   

Teachers'  certificates.  See  "Certificates." 
Teachers'    institutes  held  by  county 
superintendent  12, 


31 
31 
31 

32 
32 
32 
30 
30 
32 

68 
33 
33 
3i 
35 
23 
56 
40 
37 
57 
57 
9 
37 
40 
38 
3S 
38 
39 

40 
40 


37 


.      ,  .     .  Page. 

Teachers  institutes- 
same,  appropriations  for   49 

same,  fees  for   ^   37 

Term   of  office  of  boards  of  educa- 
tion 53,58,  68 

of  county  superintendent   9 

of  directors   28 

of  State  Sup^'rintendent   7 

of  treasurer   17 

of  trustees  ;   14 

Terms  of  loaning  school  funds  43,  44 

of  sale  of  school  lands..   61 

Text  books  prescribed  by  directors   34 

Text  books- 
same,  to  be  uniform   34 

same,  not  to  be  changed  oftener  than 

once  in  four  years   34 

same,  not  to  be  sold  by  school  offi- 
cers  5,  52 

Tie  vote,  how  decided  16,  28 

Title  to  real  estate  ,...14,  27 

to  school  houses  and  lots   26 

to  common  school  lands,  from  the 

State  58,  63 

Town  meeting,  election  of  trustees  at   16 

Towns  and  cities.  See  "Cities  and  towns." 
Township,  school  business  of,  done  by 

trustees   14 

congressional,  made  a  school  town- 
ship   14 

divided  by  county  lines   26 

fractional,  consolidated  with  adja- 
cent, when  14.  60 

fund  of.   See  "Fund." 

funds  apportioned  to  11,  12 

same,  forfeiture  of  9.  26 

made  a  district  to  support  a  high 

school..   24 

may  unite  with  another  for  same 

purpose   24 

newly  organized,  districted   18 

same,  map  of   18 

school  section  belonging  to   58 

Township  high  school,  how  discontinued  24 

same,  disposition  of  property   25 

how  established   24 

how  supported   24 

trustees  to  manage   24 

two  or  more  townships  or  parts  of 

townships  may  establish   24 

Township  treasurer,  accounts  of,  how 

kept   42 

appointment  of    17 

same,  who  eligible  to   17 

bond,  official,  approved  11,  41 

delivered  to  county  superintendent  11,41 

form  of   41 

increased,  when  —  41 

books  and  accounts  of,  examined  by 

county  superintendent   13 

by  trustees   26 

same,  subject  to  inspection  18,  43 

same,  sub  nitted  to  trustees   45 

certificate  of  amount  of  taxes  due 

sent  to,  by  county  clerk    32 

certificates  of  tax  levy  returned  by, 

to  county  clerk   30 

clerk  of  trustees,  to  be   17 

compensation  of   53 

county  superintendent  may  direct,  in 

case  of  change  of  district  lines   21 

custodian,  only  legal,  of  funds  of 

boards  of  education,  when   55 

of  district  funds   27 

of  township  funds   27 

debts  due  township  probated  by   45 

district  funds  paid  out  by,  how   47 

district  records  examined  by.    29 

duties  of,  as  to  transfer  of  pupils   24 

elections  of  trustees  called  by   15 

same,  of  directors.........  20,  28 

interest  paid  teachers  by,  when   40 


109 


Page. 


Township  treasurer- 
liable  in  a  civil  action— 
for  failure  or  refusal  to  perform 

legal  duties   46 

same,  when  not  liable   46 

for  failure  to  publish  annual  state- 
ment  70 

for  failure  to  turn  over  books,  etc., 

to  his  successor   47 

for  loss  of  school  funds   51 

liable  in  a  criminal  action— 

for  conversion  of  school  funds   50 

for  failure  to  report  statistics  or  for 

false  return  of  same   51 

for  perversion  of  school  funds  to  a 

sectarian  use   51 

for  being  interested  in  the  sale  of 

school  books,  etc  5,52 

lien  on  real  estate  of   50 

list  of   taxpayers  made    and  filed 

by  20,21,22.  23 

maps  made  and  filed  by  20,21,22,23,  30 

money  paid  to,  by  tax  collector   32 

moneys,  bonds,  etc.,  delivered  to,  by 

county  superintendent   11 

not  to  be  interested  in  the  sale  of 

school  books,  etc..  when  5,  52 

notes,  bonds,  etc.,  held  by,  examined 

by  county  superintendent   13 

same,  list  of.  given  county  superin- 
tendent annually   43 

same,  submitted  to  trustees   45 

cash  held    by,  verified    by  trus- 
tees   46 

official  term  of.  two  years   17 

poll-book  of  district  election  filed 

with   29 

removed  by  trustees,  when  18,  27 

responsible  for  losses,  when   51 

state  and  county  funds  paid  to,  by 

county  superintendent   11 

statement  to  directors  made  by,,  un- 
der oath,  semi-annually   46 

statement  to  trustees   45 

sued  by  trustees,  when   27 

suit  brought  by,   against  tax  col- 
lector  32 

same,  to  recover  interest   45 

same,  when  additional  security  is  not 

given   44 

surplus  of  district  funds,  loaned  by.  43 
to  make  teachers'  orders  interest 
bearing  when  not  paid  on  present- 
ation  40 

same,  to  record   40 

to  file  orders  paid   48 

to  notify  clei  ks  of  directors  when  he 
has  funds  to  pay  unpaid  teachers' 

orders   40 

same,  to  record   40 

to  hold  funds  to  pay  same   40 

lo  take  and  find  receipts  for  moneys 

paid   48 

'to  publish  statement  annually   69 

to  turn  over  o'ffice,  etc.,  to  his  suc- 
cessor  47 

same,  in  case  of  his  death   47 

township  fund  loaned  by   43 

Trees,  cut.  etc..  on  school  lands   59 

Trespasser  on  school  lands   59 

liable  to  fine  and  commitment   59 

Trustees  of  school  lands   17 

Trustees  of  schools,  accounts,  etc.,  of 

treasurers  examined  by  26,  45 

apportionment  of  funds  by   23 

body  politic  and  corporate,  a   14 

boundaries  of  districts  changed  by — 

at  April  meeting   18 

bonded  debt,  how  disposed  of   18 

condition  of   18 

discretion  in  regard  to   18 

funds  divided   21 

liability  for  failure  to  divide  funds.  22 

property  appraised   21 

—8 


Page. 


Trustees  of  schools,  accounts,  etc— 

debts  deducted  from  same   22 

remainder  of  same  divided   22 

same,  appeal  from  action  of  trustees.  20 

how  taken   20 

who  may  appeal.   20 

same,  election  ordered  in  new  district 

by   20 

same,  new  map  and  list  of  tax-payers 
filed  by  within  ten  days  with  county 

clerk  20,  21,  22.  23,  30 

clerk  appointed  by, who  is  also  treas- 
urer  17 

same,  pro  tempore   18 

debts  due  school  fund  compromised 

by   27 

election  of,  conducted  how  15,  16 

same,  contested  how   16 

same,  held  for  first  time   15 

same,  notices  of   15 

same,  ordered  by  township  treas- 
urer  15 

same,  polls  opened   and  closed 

when   16 

same,  postponed   15 

same,  lie,  how  determined   16 

same,  time  of   15 

same,  voters  at,  qualifications  of...  16 

election  of,  at  town  meetings   16 

ehgible  to  office  of,  who  are  15,  29 

gifts,  grants,  etc.,  received  by   26 

judges  of  election   15 

liable  in  a  civil  action— 
for  failure  to  act  upon  notice  of 

county  superintendent   13 

for  failure  to  distribute  property  in 

case  of  a  division  of  a  district   22 

for  failure  to  return  poll-book   17 

tor  failure  to  return  statistics  13,  50 

for  loss  of  school  funds   51 

for  insufficiency  of  treasurer's  se- 
curities    50 

liable  in  a  criminal  action— for  be- 
ing interested  in  sale  of  school 

books,  etc  5,  52 

for  conversion  of  school  funds   50 

for  failure  to  return  statistics,  or  for 

false  return  of  same   50 

for  perversion  of  funds  to  a  sectarian 

use   51 

list  of.  furnished  county  superintend- 
ents by  county  clerk   17 

map  of  township  made  by   18 

meetings  of,  regular  and  special   17 

organization  of  board  of   17 

president  appointed   17 

same,  p?'o  tempore   18 

quorum  of   17 

real  estate,  leased  by  27,  67 

purchased  by   27 

sold  by   27 

1  eport  to  county  superintendent   25 

same,  items   25 

residence  of  changed,  vacates  office.  29 

shool  house  and  site  sold  by   26 

came,  title  to  held  by   26 

separate   enumeration   made  by, 

when   25 

successors  to  "Trustees  of  school 

lands."   17 

term  of  office    14 

title  to  school  house  and  site  held 

by   26 

townships  laid  off  into  districts  by. . .  18 

treasurer  appointed  by   17 

same,  removed  by  18,  27 

same,  sued  by   27 

treasurers'  accounts,  etc.,  examined 

by   26 

vacancy  in  office,  how  filled   16 

Union  school  district  dissolved,  how   23 

funds  of,  put  in  hands  of  one  treas- 
urer 32,  47 


110 


Page. 

Use  of  school  houses  for  meetings   26 

Validity  of  teachers'  certificates  35,  36 

Valuation  of  common  school  lands  . .  .61,  62 
Vote  of  the  people  required  to  borrow 

money   32 

to  establish  or  discontinue  a  town- 
ship high  school   24 

■  to  levy  a  tax  to  extend  a  district 

school  beyond  nine  montns   34 

to  locate  a  school  house   34 

exception  to  the  same   37 

to  refund  bonds  or  outstanding  in- 

debtedness  73,  79 

to  purchase  or  build  a  school  house..  34 
Voters,  of   district   may    add  higher 

branches   36 

qualifications  of   16 


Page. 

Vacancies  in  oiHce  of  board  of  educa- 


tion   ,  54.  58 

of  county  superintendent   10 

of  directors  ,    28 

of  trustees   16 


Warrants,  Auditor  to  issue  to  county 

superintendent   48 

paid  by  county  collector   49 

returned  by  same.  .   49 

refusing  to  pay,  penalty  for   49 

See  also  "Orders." 

Women  may  be  school  officers   65 

qualifications  of   65 

to  give  bond  and  qualify  as  required 

by  law   65 


